Victorian Current Acts Victorian Current ActsSchedule 5—Parking of vehicles on land of Homes Victoria
1 Definitions
In this Schedule unless inconsistent with the context or subject-matter—
Sch. 5 cl. 1 def. of authorized officer amended by Nos 106/2004 s. 12(3), 40/2022 s. 45(2)(a).
authorized officer means an employee of the Department or any other person appointed in writing by the Chief Executive Officer, Homes Victoria as an authorized officer for the purposes of this Schedule;
Sch. 5 cl. 1 def. of Homes Victoria's land inserted by No. 40/2022 s. 45(2)(b).
"Homes Victoria's land" means land vested in or held under lease by Homes Victoria, or land in which Homes Victoria has an interest under a licence;
"listed vehicle", with respect to the parking of a vehicle in a parking area, means a vehicle which pursuant to this Schedule is currently listed as a vehicle entitled to be parked in the parking area;
Sch. 5 cl. 1 def. of owner amended by No. 6/2010
s. 203(1)
(Sch. 6 item 25) (as amended by No. 45/2010
s. 22).
"owner", in respect of a vehicle, means owner within the meaning of Part VII of the Transport (Compliance and Miscellaneous) Act 1983 ;
"parking", with respect to the parking of a vehicle, includes the leaving standing of the vehicle (whether attended or not);
Sch. 5 cl. 1 def. of parking offence amended by No. 40/2022 s. 45(2)(c).
"parking offence" means the parking of a vehicle—
(a) on any portion of Homes Victoria's land—
(i) where the parking of vehicles is prohibited;
(ii) at a time when parking is not permitted or for a period longer than the period permitted for parking; or
(iii) in contravention of any condition in respect of which the parking of the vehicle is permitted; or
(b) in a parking area where the vehicle is not a listed vehicle with respect to that parking area;
Sch. 5 cl. 1 def. of
the Director's land amended by No. 26/1987
s. 19(1), repealed by No. 40/2022 s. 45(2)(d).
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Sch. 5 cl. 1 def. of vehicle amended by No. 127/1986 s. 102(Sch. 4 item 13).
"vehicle" means any conveyance designed to be propelled or drawn by any means (including a motor vehicle within the meaning of the Road Safety Act 1986 and a bicycle and a tricycle).
2 Parking areas and control of parking
Sch. 5 cl. 2(1) amended by No. 40/2022 s. 45(3)(a).
(1) Without in any way limiting or derogating from any other mode of granting permission Homes Victoria may from time to time—
Sch. 5 cl. 2(1)(a) amended by No. 40/2022 s. 45(3)(b).
(a) allocate any portion of Homes Victoria's land as a parking area and with respect to the parking of vehicles within the parking area—
(i) determine the number of vehicles that may be parked within the parking area;
(ii) determine the class of persons who may be entitled to have their vehicles listed as listed vehicles, limit (where necessary or expedient) from that class the number of persons entitled so to list their vehicles and determine the method by which those persons may be selected;
(iii) prohibit the parking of any vehicle within the parking area unless the vehicle is a listed vehicle with respect to that parking area;
(iv) prohibit the parking of any vehicle or of vehicles of any class or size as being unsuitable for parking within the parking area; and
Sch. 5 cl. 2(1)(a)(v) amended by No. 40/2022 s. 45(3)(a).
(v) determine any other matters which in the opinion of Homes Victoria are necessary or expedient for or with respect to the parking of vehicles within the parking area; and
Sch. 5 cl. 2(1)(b) amended by No. 40/2022 s. 45(3)(b).
(b) prohibit or control the parking of vehicles on any specific portion of Homes Victoria's land which is not a parking area.
Sch. 5 cl. 2(2) amended by No. 40/2022 s. 45(4).
(2) The limits of a parking area and the times, periods and conditions (if any) for the time being in force with respect to the parking of listed vehicles within the parking area shall, subject to this clause, be sufficiently indicated on a sign or signs provided by Homes Victoria near each entrance to the parking area and on any other place that Homes Victoria determines.
Sch. 5 cl. 2(3) amended by No. 40/2022 s. 45(5).
(3) Every sign referred to in subclause (2) and every sign prohibiting the parking of vehicles on any portion of Homes Victoria's land shall bear on the sign an inscription indicating that the matters set out in the sign are authorized by Homes Victoria.
3 Persons entitled to park in a parking area to have their vehicles listed
Sch. 5 cl. 3(1) amended by No. 40/2022 s. 45(6).
(1) Every person entitled to park a vehicle in the parking area shall give in writing to the authorized officer appointed by Homes Victoria in that behalf the registered number and a description of the vehicle.
(2) The authorized officer so appointed shall keep a list of the names of every person currently entitled to park a vehicle in the parking area and the registration number and description of every current listed vehicle.
(3) Vehicles currently on the list kept in respect of a parking area shall be the only vehicles entitled to park in that parking area.
Sch. 5 cl. 3(4) amended by No. 40/2022 s. 45(7).
(4) Homes Victoria shall supply an identifying label indicating the location within any particular parking area within which the vehicle may be parked to each person entitled to park a vehicle in the parking area and that person shall cause the label to be affixed to the inside of the rear window of the vehicle (or where the vehicle has no rear window to some other conspicuous part of the vehicle).
Sch. 5 cl. 3(5) amended by Nos 26/1987 s. 21, 40/2022 s. 45(8).
(5) Homes Victoria may charge such fees as Homes Victoria deems necessary for the parking of vehicles in parking areas and may remove from any list a vehicle where the owner fails to pay such fees.
4 Parking offences
(1) When a parking offence occurs in relation to a vehicle the person who at the time of the occurrence of the parking offence is the owner of the vehicle shall by virtue of this clause be and be deemed to be guilty of an offence against this Act in all respects as if he were the actual offender guilty of an offence.
(2) Nothing in subclause (1) shall affect the liability of the actual offender but where the full amount of any penalty has been paid by the actual offender or owner in relation to any parking offence no further penalty shall be imposed upon or recovered from the owner or actual offender in relation thereto.
5 Parking offence notices and penalties
Sch. 5 cl. 5(1) amended by Nos 26/1987 s. 21, 32/2006 s. 94(Sch. item 27(1)), 70/2013 s. 3(Sch. 1 item 22), 37/2014 s. 10(Sch. item 81.2).
(1) Where a police officer or an authorized officer has reason to believe that a parking offence has been committed in respect of a vehicle he or she may serve or cause to be served an infringement notice as hereinafter provided.
Sch. 5 cl. 5(2) amended by Nos 127/1986 s. 102(Sch. 4 item 13), 26/1987 ss 19(2), 21, substituted by No. 32/2006 s. 94(Sch. item 27(2)).
(2) A parking offence referred to in subclause (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 .
Sch. 5 cl. 5(3) amended by No. 26/1987 s. 19(3)(a)(b), repealed by No. 32/2006 s. 94(Sch. item 27(3)).
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Sch. 5 cl. 5(4) amended by No. 40/2022 s. 45(9).
(4) The penalty for any parking offence shall be the amount (being an amount not more than $25) determined by Homes Victoria in respect of parking offences of the kind in question.
Sch. 5 cl. 5(5) amended by No. 26/1987 s. 21, repealed by No. 32/2006 s. 94(Sch. item 27(3)).
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Sch. 5 cl. 5(6)(7) repealed by No. 32/2006 s. 94(Sch. item 27(3)).
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Sch. 5 cl. 5(8) amended by No. 57/1989 s. 3(Sch. item 97.4(a)), repealed by No. 32/2006 s. 94(Sch. item 27(3)).
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Sch. 5 cl. 6 amended by Nos 26/1987 s. 19(4), 57/1989 s. 3(Sch. item 97.4(b)), 32/2006 s. 94(Sch. item 27(4)).
6 Fund into which money recovered is to be paid
Despite section 32(3) of the Infringements Act 2006 , any money recovered by way of a penalty for a parking offence shall be paid—
Sch. 5 cl. 6(a) amended by Nos 68/2009 s. 97(Sch. item 67.2), 37/2014 s. 10(Sch. item 81.2).
(a) where the charge-sheet is filed by a police officer—into the Consolidated Fund;
Sch. 5 cl. 6(b) amended by Nos 106/2004 s. 12(4), 68/2009 s. 97(Sch. item 67.2), 40/2022 s. 45(10).
(b) where the charge-sheet is filed by an authorized officer (being an employee of the Department)—into the general fund maintained by Homes Victoria; and
Sch. 5 cl. 6(c) amended by No. 68/2009 s. 97(Sch. item 67.2).
(c) where the charge-sheet is filed by a person prescribed for the purposes of this clause—into the fund prescribed in respect of that person; and
Sch. 5 cl. 6(d) amended by Nos 68/2009 s. 97(Sch. item 67.2), 40/2022 s. 45(10).
(d) where no charge-sheet is filed—into the general fund maintained by Homes Victoria.
Sch. 5 cl. 7 amended by Nos 127/1986 s. 102(Sch. 4 item 13), 26/1987
s. 21, 44/1989
s. 41(Sch. 2 item 21(a)), 49/2019
s. 186(Sch. 4 item 21.1).
7 Evidence of ownership of motor cars
For the purposes of this Schedule a certificate in the prescribed form signed or purporting to be issued by the Secretary to the Department of Transport setting out that on the date any parking offence is alleged to have occurred any motor vehicle was registered under the Road Safety Act 1986 in the name of any person shall be prima facie evidence that on such date the motor vehicle was so registered in the name of that person.
8 Vehicles unregistered, abandoned or illegally parked may be removed and sold in certain circumstances
Sch. 5 cl. 8(1) amended by No. 40/2022 s. 45(11)(b).
(1) Where a vehicle—
Sch. 5
cl. 8(1)(a) amended by Nos 127/1986 s. 102(Sch. 4 item 13),
40/2022 s. 45(11)(a).
(a) parked on Homes Victoria's land is not registered under the Road Safety Act 1986 ;
Sch. 5 cl. 8(1)(b) amended by No. 40/2022 s. 45(11)(a).
(b) has been parked on Homes Victoria's land for at least five consecutive days and in the opinion of an authorized officer has been abandoned; or
(c) is parked within a parking area while not being a listed vehicle with respect to that area—
Homes Victoria or any person authorized by Homes Victoria may, whether or not any goods are in or on the vehicle, cause it to be removed and taken to a place that Homes Victoria generally or in any particular case appoints and be retained there subject to this clause.
Sch. 5 cl. 8(2) amended by Nos 127/1986 s. 102(Sch. 4 item 13), 44/1989 s. 41(Sch. 2 item 21(b)), 49/2019 s. 186(Sch. 4 item 21.2), 40/2022 s. 45(12).
(2) Where a vehicle registered under the Road Safety Act 1986 is taken to a place so appointed Homes Victoria shall cause notice of the taking to be served by post on the person who appears on the records kept by the Secretary to the Department of Transport to be the owner or proprietor of the vehicle.
Sch. 5 cl. 8(3) amended by Nos 26/1987 s. 21, 40/2022 s. 45(13).
(3) Any vehicle which has been so removed shall be surrendered to the owner or any person on behalf of the owner on the owner's giving satisfactory evidence on his or her right to the vehicle and on payment to Homes Victoria of such fee as Homes Victoria demands (not exceeding $50) together with an additional fee (not exceeding $5) for every 24 hours that the vehicle remains in the custody of Homes Victoria and all expenses reasonably incurred by Homes Victoria in connexion with the removal of the vehicle.
Sch. 5 cl. 8(4) amended by Nos 127/1986 s. 102(Sch. 4 item 13), 26/1987 s. 21, 40/2022 s. 45(14).
(4) If any such vehicle is not so claimed and removed by the owner or some other person on behalf of the owner within 28 days after being removed by Homes Victoria (or in the case of a vehicle registered under the Road Safety Act 1986 , within 28 days after the service of a notice on the owner or proprietor) Homes Victoria may cause the vehicle to be sold by auction or by public tender but not less than 7 days notice of such auction or calling for tenders shall be given in a newspaper published in Melbourne and if the vehicle is not sold as a result of any such auction or calling for tenders Homes Victoria may sell, destroy or give away the vehicle as Homes Victoria thinks fit.
Sch. 5 cl. 8(5) amended by No. 26/1987 s. 21.
(5) Where a vehicle is sold in purported exercise of the power of sale conferred by this clause the title of the purchaser shall not be impeached on any ground whatsoever and the purchaser shall take the vehicle freed from any title, estate interest or right of any other person.
Sch. 5 cl. 8(6) amended by No. 40/2022 s. 45(15).
(6) The net proceeds of any such sale less any amount payable under subclause (3) shall be held in a trust fund by Homes Victoria and shall be paid to any person who in the opinion of Homes Victoria is entitled thereto but if not claimed by any such person within one year shall be paid into the general fund maintained by Homes Victoria.
Sch. 5 cl. 8(7) amended by No. 40/2022 s. 45(16).
(7) If the person to whom any money is so paid is not the person entitled thereto Homes Victoria shall not be liable for any such payment but any other person who claims such money may have recourse against the person to whom payment was made by Homes Victoria.
(8) In this clause anything which is required or permitted to be done in respect of a vehicle may in like manner be done in respect of any goods and chattels in or on the vehicle.
Sch. 5 cl. 8(9) amended by No. 40/2022 s. 45(17).
(9) The powers and discretions conferred on Homes Victoria by this clause may be exercised by any officer of the Ministry of Housing authorized in writing by Homes Victoria in that behalf.
Sch. 5 cl. 9 (Heading) inserted by No. 40/2022 s. 45(18).
Sch. 5 cl. 9 amended by No. 40/2022 s. 45(19).
9 Immunity of Homes Victoria from suit
Homes Victoria shall not be subject to any claim, action, liability or
demand in respect of any damage sustained by a person in respect of any
vehicle while it is parked on Homes Victoria's land or any other loss
whatsoever that is sustained by the owner of such a vehicle.