New South Wales Consolidated Acts

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PUBLIC SPACES (UNATTENDED PROPERTY) ACT 2021


- As at 1 November 2023 
- Act 38 of 2021 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act

   PART 2 - INTERPRETATION AND APPLICATION OF ACT

           Division 1 - Definitions

   4.      Definitions

           Division 2 - Key concepts

   5.      Meaning of "animal"
   6.      Meaning of "class 1 item"
   7.      Meaning of "class 2 item"
   8.      Meaning of "class 3 item"
   9.      Meaning of "items"
   10.     Meaning of "place of care"
   11.     Meaning of "place of storage"
   12.     When authorised officers have "possession" of property
   13.     Meaning of "property"
   14.     Meaning of "public place"
   15.     Meaning of "responsible persons" for property
   16.     Meaning of "unattended"

           Division 3 - Application of Act

   17.     Act to bind Crown

   PART 3 - DEALING WITH UNATTENDED PROPERTY

           Division 1 - Unattended animals

   18.     Authorised officers may take possession of unattended animals
   19.     Special arrangements for stock animals in emergencies
   20.     Authorised officers may take possession of dogs only in certain areas
   21.     Authorised officers to ensure animals taken to place of care
   22.     Authorised officers may destroy animals taken into possession in certain circumstances

           Division 2 - Unattended animals on private land

   23.     Occupier of private land may take possession of unattended animal on land
   24.     Action to be taken after occupier of private land takes possession of animal

           Division 3 - Items

   25.     Authorised officers may take possession of items
   26.     Powers of authorised officers in relation to items taken into possession
   27.     Powers of authorised officers in relation to items not taken into possession

           Division 4 - Miscellaneous

   28.     Authorised officers may give directions to responsible persons

   PART 4 - DEALING WITH PROPERTY TAKEN INTO POSSESSION

   29.     Authority to take reasonable steps to identify and notify owners of property
   30.     Owner can obtain return of property taken possession of
   31.     Items worth less than certain amount may be destroyed
   32.     Property taken possession of may be sold or otherwise disposed of if not claimed
   33.     Records

   PART 5 - APPLICATIONS TO CIVIL AND ADMINISTRATIVE TRIBUNAL

   34.     Responsible persons for property may apply to Civil and Administrative Tribunal for administrative review
   35.     Time limit for applications
   36.     Result of application to Civil and Administrative Tribunal

   PART 6 - OFFENCES

   37.     Offence of leaving item unattended in public place
   38.     Offence of recklessly or negligently leaving item unattended in certain circumstances
   39.     Responsible person liable for offences involving property
   40.     Offence of causing or permitting animal to trespass
   41.     Offence of unlawfully recovering property
   42.     Offence of failing to recover property as required
   43.     Offence of obstructing authorised officer

   PART 7 - ENFORCEMENT AND LEGAL PROCEEDINGS

           Division 1 - Authorised officers

   44.     Appointment
   45.     Identification document
   46.     Functions
   47.     Areas in which authorised officers can exercise functions
   48.     Police officers

           Division 2 - Legal proceedings

   49.     Penalty notices
   50.     Proceedings are to be heard by Local Court
   51.     Enforcement of court orders
   52.     General right to recover amount
   53.     Recovery of debts arising under this Act
   54.     Joint responsible persons

   PART 8 - MISCELLANEOUS

   55.     Fees payable in relation to exercise of functions under this Act
   56.     NSW Police required to provide assistance if asked
   57.     Personal liability
   58.     Effect of sale or disposal of property
   59.     Permit not required to deliver stock to place of care
   60.     Service of documents
   61.     Regulations
   62.     Repeal
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3


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