{"id":"nsw:sl-2022-0641","name":"Public Spaces (Unattended Property) Regulation 2022","slug":"public-spaces-unattended-property-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"641 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176023,"registerId":"nsw-nsw:sl-2022-0641-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Public Spaces (Unattended Property) Regulation 2022](/view/html/inforce/current/sl-2022-0641).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 November 2022.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> minimum notice period—see section 4.\n> \n> scheme operator, in relation to a class 2 item, means a person who carries on the business of providing a sharing service under which the item is provided for hire.\n> \n> the Act means the [Public Spaces (Unattended Property) Act 2021](/view/html/inforce/current/act-2021-038).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Minimum notice period","content":"#### 4 Minimum notice period\n\n4 Minimum notice period\n\n> > (1) In this Regulation, the minimum notice period is—\n> > \n> > > (a) for a notice given in relation to a shopping trolley whose owner is the owner of fewer than 25 shopping trolleys—4 days after the notice is given, and\n> > \n> > > (b) for a notice given in relation to an animal or an item other than a shopping trolley referred to paragraph (a)—3 hours after the notice is given.\n> \n> > (2) For subsection (1)—\n> > \n> > > (a) a notice given before 7am on a day is taken to have been given at 7am on the day, and\n> > \n> > > (b) a notice given after 8pm on a day is taken to have been given at 7am on the next day.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Key concepts","content":"# Part 2 Key concepts\n\nPart 2 Key concepts","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Excluded animals—the Act, s 5","content":"#### 5 Excluded animals—the Act, s 5\n\n5 Excluded animals—the Act, s 5\n\n> For the Act, section 5(2)(b), the Act does not apply to the following—\n> \n> > (a) a feral animal,\n> \n> > (b) a native animal, but only if the particular native animal is not—\n> > \n> > > (i) ordinarily held in captivity, or\n> > \n> > > (ii) farmed.\n> \n> Example—\n> \n> Wild emus and kangaroos are excluded animals, but farmed emus and kangaroos are not.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Classification of items—the Act, s 9","content":"#### 6 Classification of items—the Act, s 9\n\n6 Classification of items—the Act, s 9\n\n> For the Act, section 9(2), a motor vehicle that is made available for the use of the public at large, whether or not on payment of a fee or other benefit, including as part of a sharing service, is a class 3 item.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Additional responsible persons for class 3 items—the Act, s 15","content":"#### 7 Additional responsible persons for class 3 items—the Act, s 15\n\n7 Additional responsible persons for class 3 items—the Act, s 15\n\n> > (1) For the Act, section 15(3), the last registered operator of a class 3 item for which there is currently no registered operator is a responsible person for the item.\n> \n> > (2) However, if the last registered operator has disposed of the item to another person, the other person is a responsible person for the item instead.\n> \n> > (3) If the last registered operator has disposed of the item to another person within the previous 3 years, the other person is a responsible person for the item only if the last registered operator produces written evidence of the disposal.\n> \n> Note—\n> \n> Class 3 items are motor vehicles—see the Act, section 8(1). For obligations under road transport legislation relating to disposal of registered motor vehicles, see the [Road Transport (Vehicle Registration) Regulation 2017](/view/html/inforce/current/sl-2017-0451), clause 38(1).","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Dealing with unattended property","content":"# Part 3 Dealing with unattended property\n\nPart 3 Dealing with unattended property","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Property belonging to homeless persons—the Act, ss 18 and 25","content":"#### 8 Property belonging to homeless persons—the Act, ss 18 and 25\n\n8 Property belonging to homeless persons—the Act, ss 18 and 25\n\n> For the Act, sections 18(3)(b) and 25(3)(b), if an authorised officer believes a homeless person is a responsible person for an animal or item, the authorised officer must, before taking possession of the animal or item, consider—\n> \n> > (a) the underlying principles in the Protocol for Homeless People in Public Places published by the Department of Communities and Justice, as in force from time to time, and\n> \n> > (b) a policy, however described, adopted by the authority to give effect to the Protocol.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Unattended items—the Act, s 25","content":"#### 9 Unattended items—the Act, s 25\n\n9 Unattended items—the Act, s 25\n\n> > (1) For the Act, section 25(3)(b) and (c), this section prescribes—\n> > \n> > > (a) conditions that must be satisfied before authorised officers may take possession of items, and\n> > \n> > > (b) matters about giving notices in relation to taking possession of items.\n> \n> > (2) Before taking possession of a class 1 item or a class 2 item under the Act, section 25(1)(b)(i) or (ii)—\n> > \n> > > (a) the authorised officer must give written notice in accordance with this section that the authorised officer believes the item is unattended, and\n> > \n> > > (b) the notice must specify a time and date at which, if the authorised officer believes the item is unattended, the authorised officer may take possession of the item, and\n> > \n> > > (c) the specified time and date must be after the end of the minimum notice period, and\n> > \n> > > (d) the authorised officer must believe the item is unattended at the specified time and date.\n> \n> > (3) Before taking possession of an item under the Act, section 25(1)(b)(iii) or (iv)—\n> > \n> > > (a) the authorised officer must believe the item is unattended for the period specified in section 19(1), and\n> > \n> > > (b) the authorised officer must give written notice in accordance with this section that the authorised officer believes the item is unattended, and\n> > \n> > > (c) the notice must specify a time and date at which, if the authorised officer believes the item is unattended, the authorised officer may take possession of the item, and\n> > \n> > > (d) the specified time and date must be after the end of the following period after the notice is given—\n> > > \n> > > > (i) for a class 1 item—7 days,\n> > > \n> > > > (ii) for a class 2 item—4 days,\n> > > \n> > > > (iii) for a class 3 item that is—\n> > > > \n> > > > > (A) an unregistered vehicle—3 days, or\n> > > > \n> > > > > (B) a registered vehicle unable to be legally driven because of its physical condition—3 days, or\n> > > > \n> > > > > (C) for another registered vehicle—15 days, and\n> > \n> > > (e) the authorised officer must believe the item is unattended at the specified time and date.\n> \n> > (4) To avoid doubt, the notice may be given before the end of the period, specified in section 19(1), for which the authorised officer must believe the item is unattended under subsection (3)(a).\n> \n> > (5) A notice under this section must be given—\n> > \n> > > (a) to a responsible person for the item, or\n> > \n> > > (b) if the authorised officer is unable to readily identify a responsible person for the item—by attaching it to the item.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Items taken into possession—the Act, s 26","content":"#### 10 Items taken into possession—the Act, s 26\n\n10 Items taken into possession—the Act, s 26\n\n> > (1) For the Act, section 26(1)(c) and (2)(b), an authorised officer must, after taking an item into possession, take reasonable steps to—\n> > \n> > > (a) ensure the item remains in the condition it was in at the time it was taken into possession, and\n> > \n> > > (b) without limiting paragraph (a), protect the item from damage.\n> \n> > (2) For the Act, section 26(2)(b), an authorised officer must, as soon as practicable, notify NSW Police of having taken a class 3 item into possession.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Items not taken into possession—the Act, s 27","content":"#### 11 Items not taken into possession—the Act, s 27\n\n11 Items not taken into possession—the Act, s 27\n\n> For the Act, section 27(3), if an authorised officer decides to move an item to another place in the same general area, the authorised officer must—\n> \n> > (a) move the item to a place where it is reasonably likely to be found by a responsible person for the item, or\n> \n> > (b) if it is not practicable to move the item as referred to in paragraph (a)—take reasonable steps to notify a responsible person for the item of the place to which the item has been moved.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Directions to responsible persons about unattended property—the Act, s 28","content":"#### 12 Directions to responsible persons about unattended property—the Act, s 28\n\n12 Directions to responsible persons about unattended property—the Act, s 28\n\n> > (1) For the Act, section 28(5)(a), action may be required under a notice only if it is reasonable and proportionate.\n> \n> > (2) Without limiting the reasonable and proportionate action that may be required, a notice may require a person to do 1 or more of the following—\n> > \n> > > (a) repair a fence behind which, or an enclosure in which, an animal was kept, or ordinarily kept, immediately before becoming unattended,\n> > \n> > > (b) submit to the relevant authority a draft plan of management for the prevention of property, for which the person is a responsible person, becoming unattended again,\n> > \n> > > (c) comply with a plan of management approved by the authority, whether or not the plan is in the same terms as a draft plan submitted by the person in compliance with a requirement of a kind mentioned in paragraph (b).\n> \n> > (3) For the Act, section 28(5)(b), action required to be taken under a notice, other than action of a kind mentioned in subsection (2)(c), must be taken—\n> > \n> > > (a) if the notice specifies the minimum notice period—within the minimum notice period, or\n> > \n> > > (b) if the notice specifies a period longer than the minimum notice period—within the longer period, or\n> > \n> > > (c) if the notice specifies no period—within a reasonable period ending after the end of the minimum notice period.","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Dealing with property taken into possession","content":"# Part 4 Dealing with property taken into possession\n\nPart 4 Dealing with property taken into possession","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Reasonable steps to identify and notify property owners—the Act, s 29","content":"#### 13 Reasonable steps to identify and notify property owners—the Act, s 29\n\n13 Reasonable steps to identify and notify property owners—the Act, s 29\n\n> > (1) For the Act, section 29(2), reasonable steps to identify a property owner include the following—\n> > \n> > > (a) for an animal—\n> > > \n> > > > (i) checking a form of identification worn by, or information contained in a microchip implanted in, the animal, or\n> > > \n> > > > (ii) searching registers to which the authority has access for information about the animal and its owner,\n> > > > \n> > > > Example—\n> > > > \n> > > > the National Livestock Identification System under the [Biosecurity Act 2015](/view/html/inforce/current/act-2015-024)\n> > \n> > > (b) for a class 1 item—checking the item for a label that identifies the item’s owner,\n> > \n> > > (c) for a class 2 item—checking the branding on the item to identify a scheme operator,\n> > \n> > > (d) for a class 3 item—\n> > > \n> > > > (i) searching registers to which the authority has access for information about the vehicle and its registered operator, and\n> > > > \n> > > > Example—\n> > > > \n> > > > the NSW registrable vehicles register under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018)\n> > > \n> > > > (ii) if searching registers referred to in subparagraph (i) does not reveal the registered operator—asking NSW Police to make enquiries about the name and address of the owner of the motor vehicle.\n> > > > \n> > > > Note—\n> > > > \n> > > > See the Act, section 56.\n> \n> > (2) For the Act, section 29(2), reasonable steps to notify a property owner include attempting to contact a person identified by taking a step mentioned in subsection (1).","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Proceeds of sale of property—the Act, s 32","content":"#### 14 Proceeds of sale of property—the Act, s 32\n\n14 Proceeds of sale of property—the Act, s 32\n\n> > (1) For the Act, section 32(6), an authority may keep the following from the proceeds of sale of property—\n> > \n> > > (a) an amount equal to the costs incurred in selling the property,\n> > \n> > > (b) an amount equal to a fee payable for the exercise of a function in relation to the property by an authorised officer appointed by the authority.\n> > > \n> > > Note—\n> > > \n> > > See the Act, section 55.\n> \n> > (2) An owner of property sold by an authority may claim the proceeds of sale, other than the amounts specified in subsection (1), within the following time periods after the sale—\n> > \n> > > (a) for a class 1 item or a class 2 item—3 months,\n> > \n> > > (b) for a class 3 item or an animal—6 months.\n> \n> > (3) If a claim is not made within the period specified in subsection (2), the authority may keep the remaining proceeds of sale.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Action to be taken before disposing of class 3 item—the Act, s 32","content":"#### 15 Action to be taken before disposing of class 3 item—the Act, s 32\n\n15 Action to be taken before disposing of class 3 item—the Act, s 32\n\n> > (1) For the Act, section 32(6), before disposing of a class 3 item, an authority must—\n> > \n> > > (a) consider a response made by the Commissioner of Police, if any, to the notification under section 10(2), and\n> > \n> > > (b) search the Personal Property Securities Register under the [Personal Property Securities Act 2009](http://www.legislation.gov.au/) of the Commonwealth for security interests in the vehicle, and\n> > \n> > > (c) if the search reveals a security interest—give notice of the proposed disposal to the person who claims the interest, and\n> > \n> > > (d) give notice of the proposed disposal to the registered operator of the vehicle.\n> \n> > (2) Subsection (1)(d) does not apply—\n> > \n> > > (a) if searching registers to which the authority has access for information about the vehicle and its registered operator does not reveal the registered operator, or\n> > > \n> > > Note—\n> > > \n> > > See section 13(1)(d)(i).\n> > \n> > > (b) if the authority has already taken reasonable steps to notify the registered operator that the vehicle is in the authority’s possession.\n> > > \n> > > Note—\n> > > \n> > > See the following provisions—\n> > > \n> > > > (a) the Act, section 29(1)(b) and (2),\n> > > \n> > > > (b) this Regulation, section 13(2).","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Disposal of contents of class 3 items—the Act, ss 26 and 32","content":"#### 16 Disposal of contents of class 3 items—the Act, ss 26 and 32\n\n16 Disposal of contents of class 3 items—the Act, ss 26 and 32\n\n> > (1) For the Act, sections 26(2) and 32(6), this section provides for additional matters relating to—\n> > \n> > > (a) the functions of an authorised officer in relation to an item the officer has taken into possession, and\n> > \n> > > (b) the sale or disposal of property taken into possession under the Act.\n> \n> > (2) This section applies in relation to a class 3 item that—\n> > \n> > > (a) contains 1 or more other items (vehicle contents), and\n> > \n> > > (b) is to be disposed of under the Act, section 31 or 32.\n> \n> > (3) The vehicle contents are taken to be unattended.\n> \n> > (4) An authorised officer may take possession of the vehicle contents by removing the vehicle contents from the class 3 item before the class 3 item is disposed of.\n> \n> > (5) The authority may dispose of the vehicle contents in the same way it may dispose of other items it takes possession of.\n> \n> > (6) However, the authority is not required, under the Act, section 31(2) and (3), to identify and notify the owner of the vehicle contents—\n> > \n> > > (a) if the authorised officer reasonably believes the owner of the vehicle contents is the same person as the owner of the class 3 item, and\n> > \n> > > (b) if the authority has already taken reasonable steps to notify the registered operator that the vehicle is in the authority’s possession.\n> > > \n> > > Note—\n> > > \n> > > See the following provisions—\n> > > \n> > > > (a) the Act, section 29(1)(b) and (2),\n> > > \n> > > > (b) this Regulation, section 13(2).","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Relevant period—the Act, s 32","content":"#### 17 Relevant period—the Act, s 32\n\n17 Relevant period—the Act, s 32\n\n> For the Act, section 32(7), definition of relevant period, paragraph (a), the following periods are prescribed—\n> \n> > (a) for a shopping trolley—1 day,\n> \n> > (b) for an animal, or an item other than a shopping trolley—14 days.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Records of property—the Act, s 33","content":"#### 18 Records of property—the Act, s 33\n\n18 Records of property—the Act, s 33\n\n> For the Act, section 33(2)(f), a record of property taken possession of must include the following information—\n> \n> > (a) the cost of taking possession of, storing, returning, destroying or disposing of, including selling, the property,\n> \n> > (b) if the property is disposed of—how and to whom it is disposed of,\n> > \n> > Example—\n> > \n> > By selling the property or giving it away free of charge.\n> \n> > (c) if the property is sold—\n> > \n> > > (i) the value of the proceeds of sale of the property, and\n> > \n> > > (ii) where the proceeds of sale are kept.","sortOrder":21},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Unattended item periods and code of practice for class 2 items—the Act, ss 25, 37 and 38","content":"#### 19 Unattended item periods and code of practice for class 2 items—the Act, ss 25, 37 and 38\n\n19 Unattended item periods and code of practice for class 2 items—the Act, ss 25, 37 and 38\n\n> > (1) For the Act, sections 25(1)(b)(iv)(A), 37(1)(d)(i) and 38(d)(i), the following periods are prescribed—\n> > \n> > > (a) for a class 1 item or a class 2 item—7 days or more,\n> > \n> > > (b) for a class 3 item that is—\n> > > \n> > > > (i) an unregistered vehicle—15 days or more, or\n> > > \n> > > > (ii) a registered vehicle unable to be legally driven because of its physical condition—15 days or more, or\n> > > \n> > > > (iii) for another registered vehicle—28 days or more.\n> \n> > (2) For the Act, sections 25(1)(b)(v)(A), 37(1)(e)(i) and 38(e)(i), the Code of Practice for Class 2 Items—Shopping Trolleys and other Sharing Service Items, published by the Department of Planning and Environment on 1 November 2022, is prescribed for class 2 items only.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Penalty notice offences—the Act, s 49","content":"#### 20 Penalty notice offences—the Act, s 49\n\n20 Penalty notice offences—the Act, s 49\n\n> > (1) For the Act, section 49—\n> > \n> > > (a) each offence created by a provision specified in Schedule 1 is an offence for which a penalty notice may be issued, and\n> > \n> > > (b) the amount payable for the penalty notice is the amount specified opposite the provision.\n> \n> > (2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—\n> > \n> > > (a) that limited kind of offence, or\n> > \n> > > (b) an offence committed in those limited circumstances.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Fees payable for exercise of functions by authorised officers—the Act, s 55","content":"#### 21 Fees payable for exercise of functions by authorised officers—the Act, s 55\n\n21 Fees payable for exercise of functions by authorised officers—the Act, s 55\n\n> > (1) For the Act, section 55(9), this section provides for matters in relation to the amounts to be paid in relation to property taken possession of under the Act.\n> \n> > (2) In deciding an amount under the Act, section 55(2)(a), an authority must consider the reasonable cost of the authorised officer exercising the function in relation to which the amount is to be paid.\n> \n> > (3) In deciding an amount under the Act, section 55(2)(b), the Commissioner of Police must consider the reasonable cost of the police officer exercising the function in relation to which the amount is to be paid.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Penalty notices to scheme operators for unattended class 2 items—the Act, s 61","content":"#### 22 Penalty notices to scheme operators for unattended class 2 items—the Act, s 61\n\n22 Penalty notices to scheme operators for unattended class 2 items—the Act, s 61\n\n> For the Act, section 61(2), an authorised officer must not issue a scheme operator a penalty notice on the basis of the scheme operator’s liability under the Act, section 39 in relation to a class 2 item unless the authorised officer gives the scheme operator notice, for the minimum notice period, of—\n> \n> > (a) the location of the item, and\n> \n> > (b) the fact that the authorised officer believes the item is unattended.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Authorities and areas of operations—the Act, Dictionary","content":"#### 23 Authorities and areas of operations—the Act, Dictionary\n\n23 Authorities and areas of operations—the Act, Dictionary\n\n> For the Act, Dictionary, definitions of area of operations and authority—\n> \n> > (a) Schedule 2 specifies authorities and their areas of operations, and\n> \n> > (b) words and expressions in Schedule 2 have the same meaning as in the Act in relation to which they are used.\n> > \n> > Example 1—\n> > \n> > In Schedule 2, section 4, area and council have the same meaning as in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> > \n> > Example 2—\n> > \n> > In Schedule 2, section 15, controlled area, Regulatory Authority and special area have the same meaning as in the [Water NSW Act 2014](/view/html/inforce/current/act-2014-074).","sortOrder":27},{"sectionNumber":"Part 6","sectionType":"part","heading":null,"content":"# Part 6\n\nPart 6\n\n24–26 (Repealed)\n\n**pt 6:** Rep 2022 (641), sec 26.\n\n**s 24:** Rep 2022 (641), sec 26.\n\n**s 25:** Rep 2022 (641), sec 26.\n\n**s 26:** Rep 2022 (641), sec 26.","sortOrder":28},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 1 Penalty notice offences\n\nSchedule 1 Penalty notice offences\n\nsection 20\n\n| Provision | Penalty—individual | Penalty—body corporate |\n| Offences under the Act |\n| Section 28(4) for an animal | $1,320 | $2,640 |\n| Section 28(4) for a class 1 item | $660 | $1,320 |\n| Section 28(4) for a class 2 item | $1,320 | $2,640 |\n| Section 28(4) for a class 3 item | $1,320 | $2,640 |\n| Section 37(1) for a class 1 item | $330 | $660 |\n| Section 37(1) for a class 2 item not in the same public place or circumstance as another class 2 item | $660 | $1,320 |\n| Section 37(1) for 2–11 class 2 items in the same public place or circumstance | (a) for the first item—$660, and(b) for each additional item—$66 | (a) for the first item—$1,320, and(b) for each additional item—$132 |\n| Section 37(1) for a class 3 item | $660 | $1,320 |\n| Section 37(2) for a single animal in a public place | $660 | $660 |\n| Section 37(2) for 2–11 animals in the same public place | (a) for the first animal—$660, and(b) for each additional animal—$66 | (a) for the first animal—$660, and(b) for each additional animal—$66 |\n| Section 40(1) for a single animal on private land without permission | $660 | $660 |\n| Section 40(1) for 2–11 animals on the same private land without permission | (a) for the first animal—$660, and(b) for each additional animal—$66 | (a) for the first animal—$660, and(b) for each additional animal—$66 |\n| Section 42(3) for an animal | $660 | $1,320 |\n| Section 42(3) for a class 1 item | $330 | $660 |\n| Section 42(3) for a class 2 item | $660 | $1,320 |\n| Section 42(3) for a class 3 item | $660 | $1,320 |","sortOrder":29},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Authorities and areas of operations","content":"# Schedule 2 Authorities and areas of operations\n\nSchedule 2 Authorities and areas of operations\n\nsection 23\n\n**sch 2:** Am 2024 No 67, Sch 5.5; 2025 No 66, Sch 2.6\\[1\\] \\[2\\].","sortOrder":30}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Regulation appears consistent with its original intent as a detailed implementation instrument for the Public Spaces (Unattended Property) Act 2021. It operationalises the Act's framework by setting specific time periods, procedural steps, and administrative details without expanding beyond the Act's core purpose of managing unattended property in public spaces. The inclusion of specific authorities in Schedule 2 and detailed penalty structures represents standard regulatory detail rather than scope creep."},"complexity_factors":["Multiple nested classification systems: items divided into Class 1, 2, and 3, with animals treated separately from items, and different rules applying to each","Time-based calculations with conditional modifiers: minimum notice periods vary by item type (4 days vs 3 hours), with special deeming rules for notices given outside business hours (before 7am or after 8pm treated as 7am)","Cross-referencing to primary Act: heavily dependent on Public Spaces (Unattended Property) Act 2021 for definitions and core powers, requiring readers to flip between instruments","Layered exceptions: native animals excluded only if not 'ordinarily held in captivity' or 'farmed'; disposal rules for vehicles have multiple exceptions to notification requirements","Escalating penalty structures: penalty notices use tiered calculations (base amount plus per-item amounts for multiple items), with different rates for individuals vs corporations","16 different authorities mapped across multiple parent Acts in Schedule 2, each with distinct 'areas of operations' defined by reference to other legislation","Conditional responsible person rules for vehicles: last registered operator is responsible unless they disposed of it, but only if they have written evidence, and only if within 3 years"],"plain_english_summary":"**What this Regulation does:**\n\nThis Regulation sets out the practical rules for how NSW authorities (like councils, police, and various government agencies) can deal with property left unattended in public spaces—things like shopping trolleys, share bikes, abandoned cars, and even animals. It works together with the *Public Spaces (Unattended Property) Act 2021*.\n\n**Who it affects:**\n\n- **Property owners**—anyone who leaves items or animals unattended in public\n- **Businesses**—especially \"scheme operators\" (companies running sharing services like e-bikes or e-scooters)\n- **Homeless people**—special protections apply to their belongings\n- **Local councils and government agencies**—the \"authorities\" who enforce these rules\n- **Motor vehicle owners**—specific rules for abandoned cars\n\n**Key things the Regulation covers:**\n\n- **Timing rules:** Before authorities can take your stuff, they usually have to give you notice and wait. The waiting period depends on what the item is:\n  - Shopping trolleys from small operators (under 25 trolleys): **4 days**\n  - Most other items: **3 hours** (but notices given before 7am or after 8pm get special timing rules)\n  - Abandoned cars: between **3 and 28 days** depending on registration status\n\n- **Different classes of items:**\n  - **Class 1:** Shopping trolleys and similar\n  - **Class 2:** Share scheme items (e-bikes, e-scooters)\n  - **Class 3:** Motor vehicles (including share cars)\n  - **Animals:** Treated separately with their own rules\n\n- **Special protections:**\n  - **Homeless persons' property:** Officers must consider a special government protocol before taking their belongings\n  - **Native animals:** Wild kangaroos and emus are excluded from the rules, but farmed ones aren't\n\n- **What happens to taken property:**\n  - Authorities must try to find owners using microchips, registration databases, or labels\n  - They can sell items and recover their costs, but owners can claim proceeds within 3–6 months\n  - For cars, they must check for finance owing (security interests) and notify police\n\n- **Fines:** The Regulation sets out specific fines (penalty notices) for offences, ranging from $330 to $2,640 depending on the item and whether you're an individual or company\n\n- **Which authorities cover where:** Schedule 2 lists 16 different authorities and exactly which land they manage—from national parks to Sydney Olympic Park to local council areas\n\n**Why it matters:**\n\nThis Regulation tries to balance keeping public spaces clean and safe with protecting people's property rights. It gives councils clear powers to remove abandoned shopping trolleys and share bikes that block footpaths, while setting strict rules about notice periods and record-keeping to prevent abuse of power. For sharing economy businesses, it creates specific obligations about managing their fleets."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This Regulation operationalises and specifies procedures required by the Public Spaces (Unattended Property) Act 2021 (definitions, notice periods, procedures for taking possession, identification steps, disposal and sale rules, fees, penalties and the authorities/areas of operation) but does not expand the Act’s stated classes or fundamental coverage. The Regulation clarifies implementation detail (for example classification of motor vehicles as class 3 (s 6), minimum notice periods (s 4), prescribed unattended periods (s 19), prescribed Code of Practice for class 2 items (s 19(2)), and the authorities and areas of operation (s 23 and Schedule 2)), rather than altering the statutory scope established by the Act."},"complexity_factors":["Multiple interacting notice and waiting periods that vary by item class and circumstance (s 4, s 9, s 17, s 19).","Frequent cross‑references to the parent Act and other external instruments and registers (Act, PPSR, police enquiries, Code of Practice) (s 3, s 13, s 15, s 19(2)).","Discretionary standards based on an authorised officer’s belief, triggering procedural duties and potential variability in application (s 9, s 12).","Detailed administrative requirements for authorities: searches, notifications, recordkeeping and fee calculations (s 10, s 13, s 14, s 18, s 21).","Differential treatment of property types (animals, class 1/2/3 items, vehicle contents) with bespoke procedures and exceptions (s 5, s 6, s 16).","Specified penalty notice regime with multiple offence lines and distinct monetary amounts for individuals and corporations (Schedule 1, s 20).","A long Schedule listing multiple authorities and geographic areas of operation requiring coordination across agencies (Schedule 2, s 23)."],"plain_english_summary":"# What this Regulation does\n\nThis Regulation sets out the detailed steps and rules that authorised public authorities must follow when dealing with unattended animals and items in public spaces under the Public Spaces (Unattended Property) Act 2021. It does not re‑define the Act’s broad purpose; instead it prescribes how particular actions must be carried out, who decides, what notices are needed, timeframes, recordkeeping and penalties.\n\n- It defines key terms and minimum notice periods before an officer can seize property (minimum notice periods: 4 days for some shopping trolleys owned in small numbers; 3 hours for most other items and animals) (s 3, s 4).\n- It treats motor vehicles made available to the public (including sharing services) as class 3 items (s 6).\n- It adds rules about who may be treated as a responsible person for a class 3 item (for example, the last registered operator unless the vehicle was sold) and when written proof of disposal is required (s 7).\n- It requires authorised officers to follow prescribed notice and waiting periods before taking possession of items or animals, with different waiting periods depending on the class of item and circumstances (s 9, s 17, s 4).\n- It requires officers, after taking possession, to protect items from damage and to notify police promptly where a class 3 item is involved (s 10).\n- If an officer moves an item but does not take possession, the officer must move it to a place where a responsible person can reasonably find it or take steps to notify the responsible person of its new location (s 11).\n- Notices to responsible persons may require reasonable and proportionate remedial actions (for example to repair fencing or submit a management plan) and those actions must be taken within the minimum notice period or a longer time if specified (s 12).\n- Authorities must take “reasonable steps” to identify and notify owners, including checking identification on animals, searching relevant registers for vehicles and asking police to assist if registers do not disclose the registered operator (s 13).\n- When authorities sell property, they may keep amounts equal to sale costs and authorised officer fees; owners have fixed time windows to claim proceeds after sale (3 months for class 1 or 2 items, 6 months for class 3 items and animals) and unclaimed proceeds may be kept by the authority (s 14, s 17).\n- Before disposing of class 3 items authorities must consider any police response, search the Personal Property Securities Register (PPSR) for security interests and notify secured parties and the registered operator where required (s 15).\n- Contents of class 3 items (vehicle contents) are treated as unattended and may be removed and disposed of; the authority is not required to identify or notify owners of those contents where it reasonably believes the vehicle owner is the same as the contents’ owner and the registered operator has already been notified (s 16).\n- Authorities must record costs, how and to whom property was disposed of, sale proceeds and where proceeds are kept (s 18).\n- The Regulation prescribes minimum unattended periods for different classes (for example class 1/2 items—7 days or more; class 3 registered vehicles—28 days or more in some cases) and prescribes a Code of Practice for class 2 sharing items (s 19).\n- It lists specific offences for which penalty notices may be issued and specifies penalty amounts for individuals and bodies corporate (Schedule 1; s 20). Penalty notices to scheme operators for unattended class 2 items must be preceded by notice for the minimum notice period giving the item’s location and the officer’s belief the item is unattended (s 22).\n- It prescribes the authorities and the geographic areas in which they operate (Schedule 2; s 23).\n\nWhy this matters (stated role and practical effects)\n\n- Stated role: the Regulation supplies the operational detail the Act requires so authorised officers and authorities have specific procedures to follow (see the structure of the Regulation and recurring references to the Act throughout). This includes who must be notified, how long to wait, what records to keep and how proceeds from sales are managed (multiple provisions: s 9, s 13, s 14, s 18, s 21, s 22).\n\n- Who pays: owners or responsible persons may bear costs that an authority recovers from sale proceeds (s 14(1)(a)–(b)); fees for functions performed by authorised officers are payable and the authority must set amounts by considering the reasonable cost of the officer (s 21). Penalties listed in Schedule 1 are payable by individuals or corporations depending on the offence (Schedule 1, s 20).\n\n- Who decides: authorised officers exercise judgement repeatedly—for example they must form the belief an item is unattended at the time and date specified in a notice before taking possession (s 9(2)(d)–(e), s 9(3)(e)). Authorities decide how much to charge for officer functions (s 21) and whether to dispose of items after statutory steps are completed (s 15, s 16, s 32 references).\n\n- Behaviour changes and incentives: the Regulation creates incentives and costs that affect behaviour. Scheme operators for sharing services must receive minimum notice before being issued penalty notices (s 22) and class 2 items are subject to a Code of Practice (s 19(2)); these rules may encourage operators to manage parking or retrieval to avoid notices. Authorities can recoup sale and fee costs from proceeds (s 14(1)); that allocation of costs may affect the priority authorities give to sale versus storage or return. The requirement to check registers (including the PPSR for vehicles) and notify police before disposal (s 13, s 15, s 10(2)) imposes administrative steps and time costs on authorities.\n\n- Compliance burden and discretion: the Regulation prescribes multiple administrative duties for authorities (giving written notices, timing requirements, recordkeeping of costs and disposal details, searches of registers, police notifications) (s 9, s 13, s 14, s 15, s 18, s 10). Authorised officers have latitude through repeated reliance on their belief that an item is unattended (s 9), which is a discretionary standard that triggers other procedural duties.\n\n- Trade‑offs and implementation risks: the Regulation balances timeliness (short minimum notice periods in some cases like 3 hours for many items and animals (s 4)) against additional safeguards for vehicles and some items (longer waiting periods and register searches (s 9, s 15)). Reliance on external instruments—such as the Protocol for Homeless People in Public Places and an authority’s policy to give effect to it (s 8), the PPSR (s 15), police enquiries (s 13(1)(d)(ii)) and a prescribed Code of Practice for class 2 items (s 19(2))—creates dependencies that require coordination with other agencies/entities.\n\n- Effects on private enterprise, ownership and individual choice: the Regulation affects operators of sharing services by prescribing notice, code of practice and penalty procedures (s 19(2), s 22, Schedule 1). Owners risk losing property or having proceeds retained if they do not claim within fixed windows after sale (s 14(2)–(3), s 17). The rules limit some aspects of owners’ ability to immediately recover property by imposing notice, waiting and identification requirements (s 9, s 13). Disposal of vehicle contents without separate notification is permitted in defined circumstances (s 16), which reduces the procedural barrier to clearing property from vehicles in authority custody.\n\nIn short: this Regulation translates the Act’s broad powers into concrete timeframes, notice requirements, search and notification steps, recordkeeping obligations, fee considerations and penalty amounts. It sets who pays certain costs (s 14, s 21), who decides to act (authorised officers; authorities) and what behaviours are required to comply (notice periods, register searches, recordkeeping, codes of practice) (see the cited sections above)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, the regulation appears to have remained focused on its original subject matter — managing unattended property in public spaces. The multiple version updates suggest refinements rather than any significant expansion or contraction of scope."},"complexity_factors":["The substantive provisions of the regulation were not included in the provided text, limiting full analysis","The regulation sits under a parent Act (Public Spaces (Unattended Property) Act), meaning its rules must be read alongside that broader legislation","Multiple version amendments since 2022 suggest the rules have evolved and readers must ensure they are reading the correct version","Automatic repeal (sunset) mechanism adds a time-sensitive dimension for anyone relying on this regulation","Interaction with other NSW public space and local council laws may add complexity in practice"],"plain_english_summary":"## Public Spaces (Unattended Property) Regulation 2022 (NSW)\n\n**What is this?**\nThis is a NSW regulation (a type of law made under a broader Act, rather than by Parliament directly) that deals with **unattended property left in public spaces** — think abandoned bags, goods, equipment, or other items left in parks, streets, or other public areas.\n\n**Who does it affect?**\nAnyone who leaves property unattended in a public space in NSW, as well as councils or authorities responsible for managing those spaces.\n\n**Why does it matter?**\nIt sets rules about what can be done with items left unattended in public — likely covering things like how long something can be left before it's treated as abandoned, what authorities can do with it, and how owners can reclaim their stuff.\n\n**Important note:** This regulation is set to be **automatically cancelled (repealed) on 1 September 2028** under standard NSW sunset rules (laws that automatically expire after a set period to ensure they stay current and relevant). It has already been updated several times since it was first made in October 2022.\n\n⚠️ *Note: The full text of the regulation's provisions was not included in the material provided — only administrative and status information was available for analysis. The summary above is based on the regulation's title and known context of the parent Act.*"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/public-spaces-unattended-property-regulation-2022","history":"/api/acts/public-spaces-unattended-property-regulation-2022/history","analysis":"/api/acts/public-spaces-unattended-property-regulation-2022/analysis","conflicts":"/api/acts/public-spaces-unattended-property-regulation-2022/conflicts","importantCases":"/api/acts/public-spaces-unattended-property-regulation-2022/important-cases","documents":"/api/acts/public-spaces-unattended-property-regulation-2022/documents"}}