Division 3Division 3 Seizure of vehicles by council employees in Kings Cross area
149 When council employees may seize motor vehicles or trailers
(cf MTR, r 58A (2), (4) and (5))
(1) An enforcement officer may seize and take charge of and remove or tow away or cause to be removed or towed away any motor vehicle or trailer that has been caused or permitted to be used contrary to law in any part of a designated road in which is conspicuously displayed a sign exhibiting or including the words “tow away area” or “vehicles impounded” or other words indicating that the vehicle is subject to seizure.(2) Before seizing a motor vehicle or trailer the enforcement officer must:(a) if no person is in charge of the vehicle—make reasonable inquiry for the purpose of locating the responsible person for or driver of the vehicle, and(b) if on such inquiry the responsible person for or driver of the vehicle is located—request the responsible person for the vehicle or driver to remove the vehicle or cause it to be removed immediately and give the responsible person or driver a reasonable opportunity to comply with the request, and(c) if any person is in charge of the vehicle—request the person to remove the vehicle or cause it to be removed immediately and give the person a reasonable opportunity to comply with the request.(3) The inquiry referred to in subclause (2) (a) is to be made in the vicinity of the place where the vehicle is found. However, nothing in that paragraph authorises or requires an enforcement officer to enter any building for the purpose of the inquiry.
150 Where seized vehicle to be kept
(cf MTR, r 58A (3))
Any motor vehicle or trailer so removed or towed away may be kept or impounded at any place appointed or set apart by the Commissioner of Police for the purpose.
151 Enforcement officer to notify Authority
(cf MTR, r 58A (6) and (7))
(1) As soon as practicable after the seizure of a motor vehicle or trailer, the enforcement officer must:(a) give the Authority notice of the seizure containing a description of the vehicle to which it relates (including particulars on any registration label and number-plate attached to the vehicle and any identification number stamped on or applied to the engine), and(b) request the Authority to supply to the enforcement officer any particulars known or available to the Authority of the name and address of the responsible person for the vehicle.(2) The Authority is to give the enforcement officer the requested particulars within 3 business days after receipt of the notice.
152 Enforcement officer to notify responsible person of seizure
(cf MTR, r 58A (8) and (9))
(1) If the name and address of the responsible person for the vehicle are supplied by the Authority, the enforcement officer must, within a period of 14 days after the seizure, send or cause to be sent to the responsible person a notice setting out particulars of the time, date and place of the seizure and the place where the vehicle is kept or impounded.(2) If the name and address of the responsible person for the vehicle are not so supplied, the enforcement officer must:(a) if the responsible person for the vehicle can, after reasonable inquiry, be located—send or cause to be sent to the responsible person a notice setting out the particulars set out in clause 151 (1) (a) within a period of 14 days after the seizure, and(b) if the responsible person for the vehicle cannot, after reasonable inquiry, be located—cause a notice setting out those particulars to be published in a newspaper circulating in the City of South Sydney.
153 Applications for the release of seized vehicles
(cf MTR, r 58A (10)–(15))
(1) Application for the release of a motor vehicle or trailer kept or impounded under this Division is to be made by the responsible person for the motor vehicle or trailer or by a person acting for or on behalf of the responsible person to the general manager at an office of the Council of the City of South Sydney during office hours on a business day.(2) The application is to be dealt with by the general manager or by some other enforcement officer designated by the general manager.(3) The applicant is to furnish evidence as to the responsible person for the motor vehicle or trailer to the satisfaction of the enforcement officer to whom the application is made.(4) The motor vehicle or trailer is not to be released from custody unless:(a) the enforcement officer dealing with the application is satisfied that the applicant is the responsible person for the motor vehicle or trailer or that the applicant possesses authority to act for or on behalf of the responsible person, and(b) any amount payable under a penalty notice served on the responsible person in respect of an offence under this Regulation of stopping or parking the motor vehicle or trailer (or of causing or permitting the motor vehicle or trailer to stop, wait or park) in that portion of the designated road from which the motor vehicle or trailer was removed or towed away has been paid, and(c) the appropriate amount fixed by the Authority as the amount payable in respect of the seizure, taking charge of, removal, towing away, keeping, impounding or releasing of the motor vehicle or trailer has been paid to the enforcement officer to whom the application is made, and(d) the applicant has signed a receipt for the delivery of the motor vehicle or trailer on a form supplied to the applicant by the enforcement officer to whom the application is made.(5) If, within a period of 3 months after the date on which the motor vehicle or trailer has been seized, the responsible person has failed to claim the motor vehicle or trailer and to pay the appropriate amount, the motor vehicle or trailer may, after the expiration of the period, be disposed of or destroyed in accordance with the directions of the general manager or the Council of the City of South Sydney.(6) For the purposes of subclause (4) (b), an amount is not to be taken to be payable under a penalty notice unless the requirements of Part 3 of the Fines Act 1996 have been complied with.