New South Wales Bills Explanatory Notes

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LOCAL GOVERNMENT AMENDMENT (PARKING AND WHEEL CLAMPING) BILL 1998

                                                            [Act 1998 No 62]




                            New South Wales




Local Government Amendment
(Parking and Wheel Clamping) Bill
1998

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*



Overview of Bill
The object of this Bill is to amend the Local Government Act 1993 (the
Principal A c t ) by:
(a)   providing that an owner of private land may enter into an agreement
      with the local council under which the land is set aside as a free
      parking area. so attracting the provisions of that Act with respect to the
      control of parking in free parking areas, and
(b)   making it an offence for a person to immobilise a vehicle. by means of
      wheel clamps or by means of any other device prescribed by the
      regulations. except in certain circumstances, and


* Amended in committee--see table at end of volume.

 


 

Local Government Amendment (Parking and Wheel Clamping) Bill 1998 [Act 1998 No 62] Explanatory note (c) making it an offence for a person who takes possession of a vehicle to fail to release the vehicle on demand to a person who has the right to possession or control of the vehicle, or to demand payment for its release, except in certain circumstances. Outline of provisions Clause 1 sets out the name (also called the short title) of the proposed Act. Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed by proclamation. Clause 3 is a formal provision giving effect to the amendments to the Local Government Act 1993 set out in Schedule 1. Schedule 1 Amendments Free parking areas Schedule 1 [1] and [4] amend the Principal Act so as to give effect to the object referred to in paragraph (a) of the Overview above. Schedule 1 [1] inserts proposed section 650 (6) into the Principal Act so as to provide that an owner of private land may enter into an agreement with the council under which all or part of the land is to be set aside for use as a free parking area. Schedule 1 [4] amends the definition offree parking area in the Dictionary to the Principal Act so as to provide that an area the subject of an agreement under proposed section 650 (6) is a free parking area for the purposes of the Act. As a result of these amendments, the existing provisions of the Principal Act dealing with such matters as signs, notices and the issuing of penalty notices in relation to free parking areas will apply to land subject to such an agreement. Immobilisation and detention of vehicles Schedule 1 [2] amends the Principal Act so as to give effect to the objects referred to in paragraphs (b) and (c) of the Overview above by inserting proposed Part 5A (proposed sections 65 1A-65 1C) into Chapter 16. Proposed section 65 1A provides that proposed Part 5A applies to the whole of the State.

Explanatory note page 2

 


 

Local Government Amendment (Parking and Wheel Clamping) Bill 1998 [Act 1998 No 62] Explanatory note Proposed section 651B (1) prohibits a person from immobilising a vehicle that is owned by another person, by means of wheel clamps or by means of any other device prescribed by the regulations, unless the person has the permission of the owner. The maximum penalty for such an offence is to be 20 penalty units (currently $2.200). Proposed section 651B (2) provides that this prohibition does not affect any right a person may have as the driver or person in control of the vehicle, under a court order or under a credit contract with respect to the vehicle. Proposed section 65 1B (3) provides that an owner or occupier of premises is not in charge of a vehicle merely because the vehicle is left on those premises. Proposed section 65 1C (1) prohibits a person who takes possession of a vehicle that has been left on premises from failing to release the vehicle on demand to a person who has the lawful right to possession or control of the vehicle. or from demanding payment for or in relation to the release of the vehicle. The maximum penalty for such an offence is to be 20 penalty units (currently $2,200). Proposed section 651C (2) provides that this prohibition does not give a person the right to take possession of a vehicle if the person does not have that right apart from the proposed section, but does not affect any right to detain a vehicle that a person may have under the Impounding Act 1993 or any other Act, under a lien. under a court order or under an agreement or arrangement with respect to the vehicle. Proposed section 651C ( 3 ) abolishes the common law remedy of distress damage feasant to the extent that it applies to a vehicle left on premises. Schedule 1 [3] amends Schedule 8 to the Principal Act so as to enable regulations of a savings or transitional nature to be made as a consequence of the enactment of the proposed Act.

Explanatory note page 3

 


 

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