Australian Capital Territory Numbered Acts

ROADS AND PUBLIC PLACES AMENDMENT ACT 2009 (NO. 13 OF 2009) - SECT 12EA

    (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—

              (i)     state that the notified person must tell the chief executive, within 7 days after the day the notice is given—

    (A)     that the notified person is not an owner of the vehicle; and

    (B)     the name and address of anyone that the notified person believes is an owner of the vehicle; and

              (ii)     state that—

    (A)     it is an offence under this Act, section 12F not to tell the chief executive the information mentioned in subparagraph (i); and

    (B)     the penalty for the offence; 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.