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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 25 June 2019 to date (accessed 20 October 2019 at 16:59)
Chapter 16 Part 5A
Part 5A Immobilisation and detention of vehicles
651A   Application of Part
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 Part 7.6 of the “Road Transport Act 2013.
(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.