Introduction. This Chapter creates offences which are grouped under the following headings:• General offences—relating to failure to obtain an approval and failure to comply with an approval or order• Public places• Water, sewerage and stormwater drainage offences• Parking—relating to parking in free parking areas• Offence relating to civic office• Offences relating to buildings• Miscellaneous.The Chapter does not contain all offences created under this Act. Other offences are found in section 312 in Chapter 10 (How are people elected to civic office?), sections 475, 476 and 480 in Chapter 14 (Honesty and disclosure of interests) and section 680 in Chapter 17 (Enforcement).
The regulations may also create offences, for example, offences relating to elections.
Furthermore, councils may conduct prosecutions for offences under other Acts, for example, the Crimes Act 1900 and the Summary Offences Act 1988.
Other Acts will be relevant to the provisions of this Chapter, including the Crimes Act 1900, the Criminal Procedure Act 1986 and the Children (Criminal Proceedings) Act 1987. For example, under section 5 of the Children (Criminal Proceedings) Act 1987, it is to be conclusively presumed, in all criminal proceedings, that no child who is under the age of 10 years can be guilty of an offence.
Penalties for offences are expressed in penalty units. Under section 17 of the Crimes (Sentencing Procedure) Act 1999, the amount of a penalty unit is currently $110.
This Chapter also contains provisions relating to the creation and enforcement of alcohol prohibited areas (relating to drinking in public places generally—see section 632A) and alcohol-free zones (relating to street drinking—see Part 4). These provisions do not create offences in relation to drinking in public places or streets but instead provide for confiscation and tip out powers.
626 Failure to obtain approval
(1) A person who carries out an activity specified in Part A of the Table to section 68 without having obtained a prior approval of the council under Part 1 of Chapter 7 required for the carrying out of that activity is guilty of an offence, subject to subsection (2).Maximum penalty: 50 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
(2) (Repealed)(3) A person who carries out an activity specified in Parts B–F of the Table to section 68 without having obtained a prior approval of the council under Part 1 of Chapter 7 required for the carrying out of that activity is guilty of an offence.Maximum penalty: 20 penalty units.
(4) A person:(a) who carries out an activity without having obtained a prior approval of the council under Part 1 of Chapter 7 required for the carrying out of that activity, and(b) who so carries out the activity on the basis of an exemption granted by or under this Act, being an exemption that is subject to conditions, and(c) who carries out the activity otherwise than in accordance with the conditions to which the exemption is subject,is guilty of an offence under subsection (1) or (3) as if the exemption did not apply.
627 Failure to comply with approval
(1) A person who has obtained the approval of the council under Part 1 of Chapter 7 to the carrying out of an activity specified in Part A of the Table to section 68 and who carries out that activity otherwise than in accordance with the terms of that approval is guilty of an offence, subject to subsection (2).Maximum penalty: 50 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
(2) (Repealed)(3) A person who has obtained the approval of the council under Part 1 of Chapter 7 to the carrying out of an activity specified in Parts B–F of the Table to section 68 and who carries out that activity otherwise than in accordance with the terms of that approval is guilty of an offence.Maximum penalty: 20 penalty units.
628 Failure to comply with order
(1) A person who fails to comply with an order given to the person under Part 2 of Chapter 7 that is an order in the terms of any of orders Nos 1, 3, 5 and 7–12 in the Table to section 124 is guilty of an offence.Maximum penalty: 50 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
(1A) A person who fails to comply with an order given to the person under Part 2 of Chapter 7 that is an order in the terms of any of orders Nos 15, 16 or 17 in the Table to section 124 is guilty of an offence.Maximum penalty: 100 penalty units (in the case of an individual) or 200 penalty units (in the case of a corporation).
(2) A person who fails to comply with an order given to the person under Part 2 of Chapter 7 that is an order in the terms of any of orders Nos 18–25 or 27–29 of the Table to section 124 is guilty of an offence.Maximum penalty: 20 penalty units.
(3) A person who fails to comply with an order given to the person under Part 2 of Chapter 7 that is an order in the terms of order No 30 in the Table to section 124 is guilty of an offence.Maximum penalty: The same penalty as the penalty imposed for carrying out the activity the subject of the approval otherwise than in accordance with the approval.
(4) A person who fails to comply with an order given to the person under section 125 to abate a public nuisance is guilty of an offence.Maximum penalty: 20 penalty units.
(5) It is a sufficient defence to a prosecution for an offence to which this section applies if the defendant satisfies the court that the defendant was unaware of the fact that the activity in respect of which the offence arose was the subject of an order under Part 2 of Chapter 7.
629 Injuring or removing plants, animals, rocks and soil in or from public place
(1) A person who, without lawful excuse, wilfully or negligently injures, damages or unnecessarily disturbs any plant, animal, rock or soil in a public place is guilty of an offence.Maximum penalty: 20 penalty units.
(2) A person who, without lawful excuse, removes any plant, animal, rock or soil from a public place is guilty of an offence.Maximum penalty: 20 penalty units.
630 Breaking glass and other matter
(1) A person who, without lawful excuse, wilfully breaks a bottle, glass, glass receptacle or syringe in a public place is guilty of an offence.Maximum penalty: 10 penalty units.
(2) A person who, in a public place, throws, places or leaves any bottle, glass, glass receptacle, syringe, broken glass or other matter or thing likely to endanger the safety of or cause injury to any person or animal or damage to any vehicle or property is guilty of an offence.Maximum penalty: 10 penalty units.
(3) A person who:(a) breaks a bottle, glass, syringe or glass receptacle in a public bathing place under the control of the council, and(b) does not collect and remove all portions of the bottle, glass, syringe or glass receptacle either to a receptacle (if any) provided by the council for that purpose, or to a place beyond the public bathing place,is guilty of an offence.Maximum penalty: 10 penalty units.
631 Damaging, defacing or polluting public bathing place
A person who, in a public bathing place under the control of the council does any act which damages, defaces or pollutes the public bathing place or which is likely to damage, deface or pollute the public bathing place or anything relating to the public bathing place is guilty of an offence.Maximum penalty: 10 penalty units.
632 Acting contrary to notices erected by councils
(1) A person who, in a public place within the area of a council, fails to comply with the terms of a notice erected by the council is guilty of an offence.Maximum penalty: 10 penalty units.
(2) The terms of any such notice may relate to any one or more of the following:(a) the payment of a fee for entry to or the use of the place,(b) the taking of a vehicle into the place,(b1) the driving, parking or use of a vehicle in the place,(c) the taking of any animal or thing into the place,(d) the use of any animal or thing in the place,(e) the doing of any thing in the place,(f) the use of the place or any part of the place.(2A) However, a notice:(a) must not prohibit the drinking of alcohol in any public place, including any public road or car park, and accordingly a sign under section 632A or 644C is not a notice under this section, and(b) must not, except as provided by subsection (2B), prohibit or regulate the taking of a vehicle into, or the driving, parking or use of any vehicle in, any public place that is a road or road related area within the meaning of the Road Transport (General) Act 2005.Note. A council may establish alcohol prohibited areas under section 632A (relating to public places such as parks and beaches) and alcohol-free zones under Part 4 of this Chapter (relating to street drinking).(2B) A notice may prohibit the parking of a vehicle, for the purpose of offering the vehicle for sale, in a public place that is:(a) a road or road related area within the meaning of the Road Transport (General) Act 2005, and(b) in the City of Sydney area or other area (or part of an area) prescribed by the regulations.(3) The terms of a notice referred to in this section may:(a) apply generally or be limited in their application by reference to specified exceptions or factors, or(b) apply differently according to different factors of a specified kind,or may do any combination of those things.
632A Confiscation of alcohol in certain public and other places
(1) A police officer or an enforcement officer may seize any alcohol (and the bottle, can, receptacle or package in which it is contained) that is in the immediate possession of a person in an alcohol prohibited area if the officer has reasonable cause to believe that the person:(a) is drinking, or(b) is about to drink, or(c) has recently been drinking,alcohol in the alcohol prohibited area.(2) Any alcohol or thing seized under this section is, by virtue of the seizure, forfeited:(a) if seized by a police officer—to the State, or(b) if seized by an enforcement officer—to the council that employs the officer.(3) Any alcohol seized under this section may:(a) be disposed of immediately by tipping it out of the bottle, can, receptacle or package in which it is contained, or(b) be otherwise disposed of in accordance with directions given by the Commissioner of Police or the council (as the case requires).(4) A council may declare any public place (or any part of a public place) in the council’s area to be an alcohol prohibited area for the purposes of this section. However, an alcohol prohibited area cannot be established in relation to a public place that is a public road (or part of a public road) or car park.Note. Alcohol-free zones can be established under Part 4 of this Chapter in relation to public roads or car parks.(5) For the purposes of subsection (4), a public place includes any land comprising open space on public housing land. However, an alcohol prohibited area can only be established in relation to any such land if:(a) the open space is adjacent to an existing alcohol prohibited area (other than an alcohol prohibited area situated on public housing land) or alcohol-free zone, and(b) the open space is a common area (other than a common area within the curtilage of any building) that is available to the public housing tenants, and(c) people can readily gain access to the open space from the adjacent alcohol prohibited area or alcohol-free zone, and(d) the New South Wales Land and Housing Corporation has approved of the open space being established as an alcohol prohibited area.(6) An alcohol prohibited area operates, in accordance with the terms of the declaration establishing the area, during such times or events as are specified in the declaration.(7) An alcohol prohibited area operates only so long as there are erected at the outer limits of the area, and at suitable intervals within the area, conspicuous signs:(a) stating that the drinking of alcohol is prohibited in the area, and(b) specifying the times or events, as specified in the declaration by which the area was established, during which it is to operate.(8) An alcohol prohibited area cannot be established without the approval of the Local Area Commander of Police for the area in which the proposed alcohol prohibited area is situated.(9) If a council is required by the guidelines in force under section 646 to provide the Anti-Discrimination Board with a copy of the council’s proposal to establish an alcohol-free zone, the council cannot establish an alcohol prohibited area unless the council has complied with the consultation requirements set out in those guidelines.(10) For the purposes of subsection (9), the guidelines in force under section 646 apply, with such modifications as are necessary, in relation to a proposed alcohol prohibited area in the same way as they apply in relation to a proposed alcohol-free zone.(11) An alcohol prohibited area is taken to have been established for the public place to which an existing alcohol prohibition notice applies. An existing alcohol prohibition notice is a notice erected under section 632, and in force immediately before the commencement of the Local Government Amendment (Confiscation of Alcohol) Act 2010, prohibiting the drinking of alcohol in a public place.(12) In this section:enforcement officer means an employee of a council authorised in writing by the Commissioner of Police to be an enforcement officer for the purposes of this section.
public housing land means any land on which public housing within the meaning of the Housing Act 2001 is situated.
633 Bathing (including nude bathing) and other water-based recreational activities
(1) A person who, in a place being:(a) a public bathing place under the control of a council, or(b) a river, watercourse or tidal or non-tidal water, or(c) the sea adjacent to (although outside) an area, or(d) a public place adjacent to any of those places,fails to comply with the terms of a notice erected by the council is guilty of an offence.Maximum penalty: 10 penalty units.
(2) A person who is in public view in the nude in any place (other than a designated beach) referred to in subsection (1) is guilty of an offence unless a notice erected by the council at the place allows the use of the place (or part of the place) for the purposes of nude bathing.Maximum penalty: 10 penalty units.
(3) A council may erect a notice:(a) on land vested in or under the control of a council, or(b) on any other land, with the consent of the person who owns or controls the land.(4) The terms of a notice referred to in this section may relate to one or more of the following:(a) the conduct and costume of the bathers in the place,(b) the use of the place (or any part of the place open to public view) for the purposes of nude bathing,(c) the use of water-based recreational equipment in the place.(4A) However, a notice referred to in this section cannot prohibit:(a) the use of a designated beach for the purposes of nude bathing, or(b) a person from otherwise being in the nude at a designated beach.(4B) Accordingly, any such notice (whether erected before or after the commencement of the Local Government Amendment (Nude Bathing) Act 1996) that purports to prohibit the use of a designated beach for the purposes of nude bathing, or that purports to prohibit a person from otherwise being in the nude at a designated beach, has no effect on or after that commencement.(4C) A notice referred to in this section cannot prohibit or regulate the use of any waters by a vessel (within the meaning of the Ports and Maritime Administration Act 1995):(a) in the case of a notice erected after the commencement of this subsection—unless the Minister administering that Act has consented to the erection of that notice, or(b) in the case of a notice erected before that commencement—if the Minister administering that Act has directed the council to remove the notice.(5) The terms of a notice referred to in this section may:(a) apply generally or be limited in their application by reference to specified exceptions or factors, or(b) apply differently according to different factors of a specified kind,or may do any combination of those things.(6) In this section:designated beach means any of the following beaches, or any part of the following beaches (including the sea adjacent to any such beach):
Lady Bay (Lady Jane) Beach
Cobblers Beach
Obelisk Beach
Werrong Beach
Samurai Beach
633A Use of skateboards, roller blades and roller skates
A person who, in a public place, uses skating equipment so as to obstruct, annoy, inconvenience or cause danger to any other person in that place is guilty of an offence.Maximum penalty: 10 penalty units.
633B Part not to apply to National Park reserves
This Part (section 633 excepted) does not apply to land within a National Parks and Wildlife reserve or land within a State forest or flora reserve within the meaning of the Forestry Act 1916.
633C Part not to affect roads and traffic functions under other Acts
The provisions of this Part:(a) do not limit or restrict the operation of the road transport legislation with respect to roads or road related areas within the meaning of the Road Transport (General) Act 2005 or the Roads Act 1993 with respect to public roads, and(b) do not authorise the erection of any device if the erection of any such device is inconsistent with a function exercisable under the Road Transport (Safety and Traffic Management) Act 1999 with respect to roads or road related areas within the meaning of that Act or under the Roads Act 1993 with respect to public roads.
Part 3 Water, sewerage and stormwater drainage offences
634 Water, sewerage and stormwater drainage offences
(1) A person must not do any water supply work, sewerage work or stormwater drainage work unless the person:(a) is the holder of an endorsed licence or supervisor certificate in force under the Home Building Act 1989 authorising the holder to do (and to supervise) work of the kind concerned, or(b) is the holder of a tradesperson certificate in force under the Home Building Act 1989 authorising the holder to do that kind of work under supervision and does that work under the general supervision of the holder of a licence or certificate referred to in paragraph (a), or(c) does the work under the immediate supervision of a person referred to in paragraph (a).Maximum penalty: 100 penalty units.
(2) A person who employs (or uses the services of) another person to do any water supply work, sewerage work or stormwater drainage work is guilty of an offence if the person knows that the other person, in doing the work, contravenes subsection (1).Maximum penalty: 100 penalty units.
(3) Subsections (1) and (2) do not apply to or in respect of:(a) anything done in a part of an area that is not provided, or is not in the course of being provided, with a public water supply scheme or sewerage scheme, or(b) a council employee who, in the normal course of his or her duties, taps a water main, extends a water main, connects a service pipe to a water main, taps a sewer, attaches a house drain to a sewer, extends a sewer or fixes, alters or removes a council meter.(4) A person who, in doing any water supply work, sewerage work or stormwater drainage work, uses, connects or installs a pipe, fitting, fixture or other thing in contravention of any requirement or specification contained in the regulations or other prescribed standard for water supply works, sewerage works or stormwater drainage works is guilty of an offence.Maximum penalty (subsection (4)): 20 penalty units.
635 Damage to council property
A person who wilfully or negligently removes, damages, destroys or otherwise interferes with a pipe, lock, tap, valve, engine or other thing belonging to the council in connection with the supply of water or the provision of sewerage services or drainage is guilty of an offence.Maximum penalty: 20 penalty units.
636 Tampering with meters and fittings
(1) A person who wilfully or fraudulently, or by culpable negligence:(a) damages a meter, fitting, fixture or other thing belonging to a council in connection with the supply of water, or(b) alters the index of such a meter, or(c) prevents such a meter from duly registering the quantity of water supplied,is guilty of an offence.Maximum penalty: 20 penalty units.
(2) The existence of any means for altering the index of such a meter or preventing such a meter from duly registering the quantity of water supplied is prima facie evidence that the person supplied with water through the meter has wilfully or fraudulently altered the index of the meter or prevented the meter from duly registering the quantity of water supplied.
(1) A person who wilfully or negligently wastes or misuses water from a public water supply, or causes any such water to be wasted, is guilty of an offence.Maximum penalty: 20 penalty units.
(2) If an offence against this section is committed, the occupier of the premises on which the offence was committed is guilty of the offence as if the occupier were the actual offender unless the occupier proves that the waste or misuse constituting the offence:(a) was not reasonably within the occupier’s knowledge, and(b) was caused by the act of the person other than a member of the occupier’s household or other than a person employed on the premises by the occupier.(3) Subsection (2) does not affect the liability of the actual offender, but, if a penalty has been imposed on or recovered from any person in relation to the offence, no further penalty in respect of the offence may be imposed on or recovered from any other person.
638 Discharge of prohibited matter into sewer or drain
A person who discharges any prohibited matter (being matter prescribed by the regulations for the purposes of this section) into:(a) a public sewer, or(b) a fitting connected to a public sewer, or(c) a public drain, or(d) a gutter of a council,is guilty of an offence.Maximum penalty: 20 penalty units.
639 Pollution of public water supply
(1) A person who wilfully or negligently does any act which damages or pollutes (or is likely to damage or pollute) a public water supply, or a source of that supply, is guilty of an offence.Maximum penalty: 20 penalty units.
(2) The occupier of premises on which a pipe or fitting supplied with water from a public water supply is directly connected to a device or fitting:(a) that is designed for use for the dispensing of any chemical compound capable of contaminating the water supply, and(b) that is a device or fitting of a type other than a type approved for such connection by the Director-General of NSW Public Works or by a person authorised by the Director-General to grant such an approval,is guilty of an offence as if the occupier were the person who actually made the connection.(3) Subsection (2) does not affect the liability of the person who actually made the connection, but, if a penalty has been imposed on or recovered from any person in relation to the offence, no further penalty in respect of the offence may be imposed on or recovered from any other person.
640 Offences in catchment districts
A person who wilfully or negligently does any act in contravention of a prohibition or restriction in a notice erected in a catchment district by a council is guilty of an offence.Maximum penalty: 20 penalty units.
642 Confiscation of alcohol in alcohol-free zones
(1) A police officer or an enforcement officer may seize any alcohol (and the bottle, can, receptacle or package in which it is contained) that is in the immediate possession of a person in an alcohol-free zone if:(a) the person is drinking alcohol in the alcohol-free zone, or(b) the officer has reasonable cause to believe that the person is about to drink, or has recently been drinking, alcohol in the alcohol-free zone.(2) Any alcohol or thing seized under this section is, by virtue of the seizure, forfeited:(a) if seized by a police officer—to the State, or(b) if seized by an enforcement officer—to the council that employs the officer.(3) Any alcohol seized under this section may:(a) be disposed of immediately by tipping it out of the bottle, can, receptacle or package in which it is contained, or(b) be otherwise disposed of in accordance with directions given by the Commissioner of Police or the council (as the case requires).(4) In this section:enforcement officer means an employee of a council authorised in writing by the Commissioner of Police to be an enforcement officer for the purposes of this section.
644 Proposal for establishment of alcohol-free zone
(1) A council may prepare a proposal for the establishment of an alcohol-free zone, either on its own motion or on the application of one or more of the following people:(a) a person who the council is satisfied is a representative of a bona fide community group active in the area,(b) a police officer,(c) a person who the council is satisfied lives or works in the area.(2) The application must be in the form set out in the guidelines in force under section 646 or, if there are no such guidelines, in the approved form.(3) The proposal must comply with the guidelines (if any) in force under section 646.(4) The proposed alcohol-free zone may comprise either or both of the following:(a) a public road or part of a public road,(b) a public place that is a car park or part of a car park.(5) The proposal may provide for an alcohol-free zone to be established for a period not exceeding 4 years and for the zone to operate for the whole of that period or just for days on which particular special events occur.
644A Public consultation on proposal to establish alcohol-free zone
(1) After preparing a proposal under section 644, the council may, by notice published in a newspaper circulating in the area as a whole or in a part of the area that includes the zone concerned:(a) declare that it proposes to establish an alcohol-free zone, indicating the location of the zone and the proposed period or special events for which it will operate, and(b) state the place at which, the dates on which and the times during which a copy of the proposal may be inspected, and(c) invite representations and objections from persons and groups within the area, indicating that any representations or objections by them must be made within 14 days after the date on which the notice is published.(2) The council must give a copy of its proposal to each of the following persons, indicating that any representations or objections by the person must be made within 30 days after the date on which the copy is given:(a) the officer in charge of the police station within or nearest to the proposed alcohol-free zone,(b) each holder of a licence in force under the Liquor Act 2007 for premises that border on, or adjoin or are adjacent to, the proposed alcohol-free zone.(c) (Repealed)(3) If required to do so by the guidelines in force under section 646, the council must also give a copy of its proposal to the Anti-Discrimination Board, indicating that any representations or objections by the Board must be made within 40 days after the date on which the copy is given.(4) The council must consider all representations and submissions that are duly made to it under this section.
644B Establishment of alcohol-free zones
(1) After complying with the procedures set out in sections 644 and 644A, the council may, by resolution, adopt a proposal (with or without modifications) to establish an alcohol-free zone.(2) The resolution has the effect of establishing the alcohol-free zone in accordance with the terms of the resolution.(3) After making the resolution, the council must, by notice published in a newspaper circulating in the area as a whole or in a part of the area that includes the zone concerned:(a) declare that an alcohol-free zone has been established, and(b) specify the period (or, in the case of a zone established for one or more special events, the day or days) for which the alcohol-free zone is to operate.(4) An alcohol-free zone may be re-established from time to time, in accordance with this Part, for further periods each not exceeding 4 years.
644C Operation of alcohol-free zones
(1) An alcohol-free zone operates, in accordance with the terms of the resolution establishing the zone, for the whole of the period specified in the resolution or just for specified days on which particular special events occur.(2) However, an alcohol-free zone cannot operate earlier than 7 days after the first publication of the relevant notice under section 644B.(3) An alcohol-free zone operates only so long as there are erected at the outer limits of the zone, and at suitable intervals within the zone, conspicuous signs:(a) stating that the drinking of alcohol is prohibited in the zone, and(b) specifying the period (or, in the case of a zone established for one or more special events, the day or days) for which the alcohol-free zone is to operate, as specified in the resolution by which it was established.(4) The signs must comply with the requirements of the guidelines (if any) in force under section 646.
645 Suspension or cancellation
(1) The council may, at the request of any person or body or of its own motion, suspend the operation of an alcohol-free zone by publishing notice of the suspension in a newspaper circulating in the area as a whole or in a part of the area that includes the zone concerned.(2) During the period indicated in such a notice as the period of suspension, the zone does not operate as an alcohol-free zone.(3) In like manner the council may at any time cancel the operation of an alcohol-free zone.
646 Guidelines for alcohol-free zones
(1) For the purposes of this Part, the Minister may from time to time prepare, adopt or vary guidelines that must be followed by councils for the establishment of an alcohol-free zone or the cancellation or suspension of the operation of an alcohol-free zone.(2) The guidelines for the time being in force are to be made available to councils on request and, on payment of such fee (if any) as the Minister may determine, to any interested person.(3) The guidelines are to include a list of the names of the councils that are required to advise the Anti-Discrimination Board under section 644A (3). The list is to be prepared after consultation with the Board.(4) However, the guidelines are to make it clear that other councils may also advise the Anti-Discrimination Board under section 644A (3).
This Part is to be read as supplementing, and not as derogating from, the provisions of the Summary Offences Act 1988 or any other Act or law.
(1) The driver of a vehicle parked in a free parking area otherwise than as permitted by a notice or sign erected by the council is guilty of an offence.Maximum penalty: 5 penalty units.
(2) The terms of any such notice or sign may relate to any one or more of the following:(a) the time during which the public may use the free parking area,(b) the maximum period for which a vehicle may be parked in the free parking area (or in any part of the free parking area),(c) the designation of a parking space within the free parking area as a space for the sole use of persons with disabilities.(3) For the purposes of this section, a vehicle parked otherwise than as permitted by such a notice or sign includes a vehicle parked in a parking space designated as a space for the sole use of persons with disabilities, unless:(a) a parking authority for a person with disabilities is displayed on the vehicle in the manner specified in the authority, and(b) the conditions specified in the authority are being observed, and(c) the authority is in force.(4) If spaces in which a vehicle may be parked in a free parking area are marked by the council (for example, by means of painted lines or by studs, pads or plates), a person must not cause a vehicle to be parked in a free parking area:(a) otherwise than in such a parking space, or(b) in a parking space in which another vehicle is parked, or(c) so that any part of the vehicle is on or across (or partly on or across) any line, stud, pad, plate or other mark defining the space or so that the vehicle is not wholly within the space.Maximum penalty: 5 penalty units.
(5) The driver of a vehicle in a free parking area must at all times observe and comply with any reasonable direction of any authorised person regarding the parking or movement of the vehicle within the area.Maximum penalty: 5 penalty units.
(6) The owner of any private land may enter into an agreement with the council under which the land, or any part of the land, is set aside for use as a free parking area.(7) It is the duty of the Director-General to establish guidelines to be followed by councils in relation to agreements of the kind referred to in subsection (6), including guidelines as to:(a) the circumstances in which a council may enter into such an agreement, and(b) the matters for which such an agreement must or must not make provision, and(c) the exercise by a council of any functions conferred on it by such an agreement.
651 Liability of vehicle owner for certain offences
(1) This section applies to any offence against section 632 (1) or 650 (1) or (4) that arises from the parking of a vehicle, in this section referred to as a parking offence.(2) The owner of a vehicle with respect to which a parking offence is committed is, by virtue of this section, guilty of the offence as if the person were the actual offender, unless:(a) if the offence is dealt with by penalty notice, the owner satisfies a prescribed officer that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used, or(b) in any other case, the court is satisfied that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used.(3) Nothing in this section affects the liability of the actual offender but, if a penalty has been imposed on, or recovered from, any person in relation to a parking offence, no further penalty can be imposed on or recovered from any other person in relation to the offence.(4) The owner of a vehicle is not, by virtue of this section, guilty of an offence if, where the offence is dealt with by penalty notice:(a) within 21 days after service on the owner of the penalty notice in respect of the offence, the owner gives notice to the prescribed officer (verified by statutory declaration) of the name and address of the person who was at all relevant times in charge of the vehicle, or(b) the owner satisfies the prescribed officer that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.(5) The owner of a vehicle is not, by virtue of this section, guilty of an offence if, in any other case:(a) within 21 days after service on the owner of a summons in respect of the offence, the owner gives notice to the informant (verified by statutory declaration) of the name and address of the person who was at all relevant times in charge of the vehicle, or(b) the owner satisfies the court that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.(6) If a statutory declaration supplying the name and address of a person for the purposes of this section is produced in any proceedings against the person in respect of the parking offence to which the declaration relates, the declaration is evidence that the person was, at all relevant times relating to that offence, in charge of the vehicle involved in the offence.(7) A statutory declaration that relates to more than one parking offence is taken not to be a statutory declaration supplying a name and address for the purposes of this section.(8) This section does not limit any other provision of this Act, any provision of any other Act or any provision of any instrument in force under this or any other Act.(9) In this section:(a) a reference to a penalty notice is a reference to a penalty notice under Part 5.3 of the Road Transport (General) Act 2005, and(b) a reference to an owner of a vehicle is a reference to the responsible person for the vehicle within the meaning of the Road Transport (General) Act 2005, and(c) a reference to a prescribed officer is a reference to an authorised officer within the meaning of the Road Transport (General) Act 2005.
Part 5A Immobilisation and detention of vehicles
This Part applies to the whole of the State.
651B Immobilisation of vehicles
(1) A person must not immobilise a vehicle owned by any other person by means of wheel clamps, or by means of any other device prescribed by the regulations, except with the consent of that other person.Maximum penalty: 20 penalty units.
(2) This section does not affect any right to immobilise a vehicle that a person may have:(a) as the driver or person in charge of the vehicle, or(b) under the terms of a court order, or(c) under the terms of a credit contract (within the meaning of the National Credit Code as set out in Schedule 1 to the National Consumer Credit Protection Act 2009 of the Commonwealth) in force with respect to the vehicle, or(d) under Division 2 of Part 5.5 of the Road Transport (General) Act 2005.(3) For the purposes of this section, an owner or occupier of premises is not in charge of a vehicle merely because the vehicle has been left on those premises.
651C Unlawful detention of vehicles
(1) A person who takes possession of a vehicle that has been left on premises must not:(a) fail to release the vehicle on demand to any person having a lawful right to the possession or control of the vehicle, or(b) demand any payment for or in relation to the release of the vehicle.Maximum penalty: 20 penalty units.
(2) This section does not give any person a right to take possession of a vehicle if the person does not have that right apart from this section, but does not affect any right to detain a vehicle that a person may have:(a) under the Impounding Act 1993 or any other Act, or(b) under a lien, or(c) under the terms of a court order, or(d) under the terms of an agreement or arrangement in force with respect to the vehicle.(3) The remedy at common law of distress damage feasant is abolished to the extent to which it would otherwise be available in relation to a vehicle left on premises.
Part 6 Offence relating to civic office
652 Acting in civic office while subject to disqualification
(1) A person who acts in a civic office while disqualified from holding the office is guilty of an offence.Maximum penalty: 20 penalty units.
(2) If the court is satisfied that an offence under this section was of a trifling character comprising acts done in good faith while in ignorance of the fact that the result would be disqualification, the court may:(a) dismiss the case, or(b) proceed to conviction and declare that section 276 (3) does not apply to the conviction or applies only to a specified extent.(3) A declaration by a court under this section as to the application of section 276 (3) has effect according to its tenor.
653–658 (Repealed)
659 Production of certificate of authority to enter premises
A person authorised under this Act to enter premises who does not, on demand by the owner or occupier of the premises, produce the written authority to enter given to the person by the Director-General or the council is guilty of an offence.Maximum penalty: 5 penalty units.
A person who wilfully obstructs any of the following in the exercise of any function under this Act, or any other Act or any regulation conferring functions on a council is guilty of an offence:• the Minister• the Director-General• a Departmental representative authorised under Part 5 of Chapter 13• a person authorised under section 746• an auditor appointed under Part 3 of Chapter 13• a council• a councillor• an administrator appointed as referred to in section 256• an employee of a council• a police officer• a person duly authorised to perform the function for the purposes of the Act or regulation concerned.Maximum penalty: 20 penalty units.
661 Failure to comply with certain directions
A person who fails, without lawful excuse, to comply with a direction given to the person under Part 3 or 5 of Chapter 13 by a person authorised to give the direction is guilty of an offence.Maximum penalty: 20 penalty units.
662 Occupier, manager or agent refusing to give name of owner
An occupier or manager of any premises or an agent of the owner of the premises who, on the request of a council or an authorised person, refuses or wilfully omits to disclose or wilfully misstates the name and address of the owner of the premises or of the person receiving or authorised to receive the rents of the premises is guilty of an offence.Maximum penalty: 5 penalty units.
663 Owner refusing to give name of manager or occupier
An owner of premises who, on the request of a council or an authorised person, refuses or wilfully omits to disclose or wilfully misstates the name and address of the manager or occupier of the premises is guilty of an offence.Maximum penalty: 5 penalty units.
664 Disclosure and misuse of information
(1) A person must not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made:(a) with the consent of the person from whom the information was obtained, or(b) in connection with the administration or execution of this Act, or(c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or(d) in accordance with a requirement imposed under the Ombudsman Act 1974 or the Government Information (Public Access) Act 2009, or(e) with other lawful excuse.(1A) In particular, if part of a meeting of a council or a committee of a council is closed to the public in accordance with section 10A (1), a person must not, without the authority of the council or the committee, disclose (otherwise than to the council or a councillor of the council) information with respect to the discussion at, or the business of, the meeting.(1B) Subsection (1A) does not apply to:(a) the report of a committee of a council after it has been presented to the council, or(b) disclosure made in any of the circumstances referred to in subsection (1) (a)–(e), or(c) disclosure made in circumstances prescribed by the regulations, or(d) any agenda, resolution or recommendation of a meeting that a person is entitled to inspect in accordance with section 12.(2) A person acting in the administration or execution of this Act must not use, either directly or indirectly, information acquired by the person in that capacity, being information that is not generally known, for the purpose of gaining either directly or indirectly a financial advantage for the person, the person’s spouse or de facto partner or a relative of the person.(3) A person acting in the administration or execution of this Act, and being in a position to do so, must not, for the purpose of gaining either directly or indirectly an advantage for the person, the person’s spouse or de facto partner or a relative of the person, influence:(a) the determination of an application for an approval, or(b) the giving of an order.Maximum penalty: 50 penalty units.
665 False or misleading information
(1) A person who, in or in connection with an application under this Act, makes any statement that the person knows to be false or misleading in a material particular is guilty of an offence.Maximum penalty: 20 penalty units.
(2) (Repealed)
666 Wilful destruction of documents
(1) Any person who, without reasonable excuse, wilfully destroys any document belonging to a council is guilty of an offence.Maximum penalty: 20 penalty units.
(2) Any person who, without lawful authority, destroys, defaces or alters a council record is guilty of an offence.Maximum penalty: 20 penalty units.
667 Wilful destruction of notices and signs
A person who wilfully removes, destroys, defaces, damages or otherwise interferes with a notice or sign erected by a council is guilty of an offence.Maximum penalty: 20 penalty units.
A person who attempts to commit an offence against this Act or the regulations is guilty in the same degree and liable to the same penalty as a person who commits the offence.
669 Penalties extended to persons causing offence
A person:(a) who causes the commission of an offence against this Act or the regulations, or(b) by whose order or direction such an offence is committed, or(c) who aids, abets, counsels or procures or by act or omission is directly or indirectly concerned in the commission of such an offence,is guilty in the same degree and liable to the same penalty as the principal offender.
(1) A person who fails to comply with the terms of a notice or sign referred to in this Chapter is not guilty of an offence unless the notice or sign:(a) is clearly legible, and(b) where it relates to:(i) the whole of a parcel of public land, is exhibited at each entrance to the parcel of public land or in a conspicuous place in or in the vicinity of the parcel of public land, or(ii) part only of a parcel of public land, is exhibited at each entrance to that part or in a conspicuous place in or in the vicinity of that part, or(iii) a building, is exhibited (as may be appropriate) either inside or at or near the entrance to the building.(2) The council has the onus of proving that the notice or sign complies with this section.
671 Proof of lawful or reasonable excuse
Where, by this Act, the doing of a particular act without lawful or reasonable excuse is made an offence, proof of the lawful or reasonable excuse lies on the accused.