(1) In this Act,
unless the contrary intention appears—
"clamp", in relation to a motor vehicle, means immobilise the
motor vehicle by means of wheel clamps (and "clamped" has a corresponding
meaning);
"Commissioner" means the Commissioner of Police;
"credit provider" means—
(a) a
credit provider within the meaning of the National Credit Code in
Schedule 1 to the National Consumer Credit Protection Act 2009 of
the Commonwealth; or
(b) a
person who, in the course of business, hires out goods under leasing
agreements or hires out or agrees to sell goods under hire-purchase
agreements;
"designated liquor offence" means an offence against section 21OB(1) or
21OC(1) of the Summary Offences Act 1953 ;
"forfeiture offence" means an indictable offence of a kind prescribed by
regulation for the purposes of this definition or a designated liquor offence;
"motor vehicle" means a vehicle built to be propelled by a motor that forms
part of the vehicle;
"prescribed offence" means a forfeiture offence or an offence of a kind
prescribed by regulation for the purposes of this definition;
"public place" includes—
(a) a
place to which free access is permitted to the public, with the express or
tacit consent of the owner or occupier of that place; and
(b) a
place to which the public are admitted on payment of money, the test of
admittance being the payment of money only; and
(c) a
road, street, footway, court, alley or thoroughfare which the public are
allowed to use, notwithstanding that that road, street, footway, court, alley
or thoroughfare is on private property;
"registered owner" of a motor vehicle means a person recorded in a register
kept under the Motor Vehicles Act 1959 or the law of another State or
Territory of the Commonwealth as an owner of the motor vehicle;
"relevant authority" means—
(a) in
relation to the clamping or impounding of a motor vehicle under Part 2—a
police officer or person authorised by the Commissioner to exercise the powers
of a relevant authority; or
(b) in
relation to the impounding or forfeiture of a motor vehicle in accordance with
an order under Part 3—the Sheriff or a person authorised by the Sheriff
to exercise the powers of a relevant authority.
(2) For the purposes
of this Act, proceedings relating to an offence are
"finalised" if—
(a) the
charge of the offence is withdrawn or proceedings for the offence are
otherwise discontinued; or
(b) a
court has determined the charge.