{"id":"nsw:act-1979-009","name":"Road Obstructions (Special Provisions) Act 1979","slug":"road-obstructions-special-provisions-act-1979","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"9 of 1979","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":108189,"registerId":"nsw-act-1979-009-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Road Obstructions (Special Provisions) Act 1979](/view/html/inforce/current/act-1979-009).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This section and section 1 shall commence on the date of assent to this Act.\n> \n> > (2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.","sortOrder":1},{"sectionNumber":"2A","sectionType":"section","heading":"Operation of Act","content":"#### 2A Operation of Act\n\n2A Operation of Act\n\n> > (1) The road obstruction powers under this Act may be exercised only during a period specified in an order in force under subsection (2).\n> \n> > (2) The Governor, by order published on the NSW legislation website, may, from time to time, declare that the road obstruction powers under this Act may be exercised during such period (not exceeding 3 months) as is specified in the order.\n> \n> > (3) Any period so specified in an order is to commence on the date of publication of the order or such later date as is specified in the order.\n> \n> > (4) In this section, the road obstruction powers under this Act means the powers conferred on the Commissioner or an authorised officer by sections 4 (1), 5 (1) and 5 (3).\n> \n> **s 2A:** Ins 1989 No 89, Sch 1. Subst 1990 No 108, Sch 1. Am 2010 No 119, Sch 3.11.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:\n> > \n> > authorised officer means a member of the police force who is of or above the rank of sergeant or who is for the time being in charge of a police station.\n> > \n> > Commissioner means Commissioner of Police.\n> > \n> > motor vehicle means a motor vehicle or trailer within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> > \n> > owner, in relation to a motor vehicle, means:\n> > \n> > > (a) any person who is the owner or joint owner or part owner thereof,\n> > \n> > > (b) any person who has the use thereof under a hiring or hire-purchase agreement, or\n> > \n> > > (c) any person who is an Australian registered operator of the vehicle within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018),\n> > \n> > but does not include any unpaid vendor of the vehicle under a hire-purchase agreement.\n> > \n> > public road means a road or road related area within the meaning of section 4 (1) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) (other than a road or road related area that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act).\n> > \n> > regulations means regulations under this Act.\n> \n> > (2) A reference in this Act to a motor vehicle includes a reference to any goods on the motor vehicle.\n> \n> **s 3:** Am 1979 No 144, Sch 1 (1); 1997 No 115, Sch 4.18 \\[1\\]; 1997 No 119, Sch 2.22; 1999 No 19, Sch 2.35 \\[1\\] \\[2\\]; 2005 No 11, Sch 3.31 \\[1\\] \\[2\\]; 2013 No 19, Sch 4.71 \\[1\\]–\\[3\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Penalty for not moving a motor vehicle obstructing a public road","content":"#### 4 Penalty for not moving a motor vehicle obstructing a public road\n\n4 Penalty for not moving a motor vehicle obstructing a public road\n\n> > (1) Where the Commissioner or any authorised officer is of the opinion that any motor vehicle is on a public road and ought to be moved in order to prevent it obstructing or continuing to obstruct a public road, the Commissioner or authorised officer may cause to be affixed to a conspicuous part of the motor vehicle a notice in or to the effect of the form contained in Schedule 1 containing such directions relating to the movement of the vehicle within such time as the Commissioner or authorised officer, as the case may be, thinks fit.\n> \n> > (2) Where a notice is affixed to a motor vehicle in accordance with subsection (1):\n> > \n> > > (a) the person who last drove the motor vehicle before the notice was affixed to it shall forthwith move the vehicle in accordance with the directions contained, and within the time specified, in the notice, and\n> > \n> > > (b) the person shall not, before the directions contained in the notice have been complied with, do anything to render the motor vehicle immobile.\n> \n> > (3) A person who contravenes subsection (2) is guilty of an offence and liable to a fine not exceeding 10 penalty units.\n> \n> > (4) Where a person is convicted of an offence under subsection (3), the person is by the conviction, disqualified from holding any driver licence under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), or the statutory rules under that Act, for a period of 1 month, but may be disqualified by the court by which the person is convicted for such longer period, not exceeding 3 years, as may be ordered by that court.\n> \n> > (5) Where an offence in relation to any motor vehicle is committed under subsection (3) by any person (whether or not the person has been convicted of the offence), the owner of the motor vehicle is guilty of an offence and liable to a penalty not exceeding 10 penalty units.\n> \n> > (6) Where a person is convicted of an offence under subsection (3) or (5), the court may, in addition to imposing the penalty provided by either of those subsections, make an order for the forfeiture to the Crown of the motor vehicle in respect of which the offence was committed if the notice, referred to in the information for the offence, was affixed to the motor vehicle within 3 months after another notice was affixed to the motor vehicle in accordance with subsection (1).\n> \n> > (7) An offence referred to in subsection (3) is an offence of absolute liability.\n> \n> **s 4:** Am 1979 No 144, Sch 1 (2); 1992 No 112, Sch 1; 1998 No 99, Sch 1.9; 2013 No 19, Sch 4.71 \\[4\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Removal of a motor vehicle obstructing a public road","content":"#### 5 Removal of a motor vehicle obstructing a public road\n\n5 Removal of a motor vehicle obstructing a public road\n\n> > (1) Where a motor vehicle to which a notice is affixed in accordance with section 4 (1) is not moved in accordance with the directions contained, and within the time specified, in the notice, the Commissioner or that authorised officer may seize and take charge of the motor vehicle and cause it or any part of it:\n> > \n> > > (a) to be moved to such place as may be determined by the Commissioner or authorised officer, as the case may be, or\n> > \n> > > (b) to be modified, dismantled, unloaded, interfered with or replaced in any manner considered necessary by the Commissioner or authorised officer to enable the motor vehicle or any part thereof to be moved to such place as may be so determined,\n> > \n> > or may cause any combination of those things to be done or, where the Commissioner or authorised officer is of the opinion that it is not practicable to do any of those things, may cause the motor vehicle or any part of it to be destroyed.\n> \n> > (2) For the purpose of exercising the powers conferred by subsection (1), the Commissioner or an authorised officer may take possession of any land, whether or not it is privately owned.\n> \n> > (3) Any motor vehicle or part of a motor vehicle moved to a place in accordance with subsection (1) may, subject to the regulations, be impounded at that place or may be moved to and impounded at any other place determined by the Commissioner or an authorised officer.\n> \n> > (4) A motor vehicle that may be moved under subsection (1) or (3) may be moved by its being driven, whether or not under power, by its being towed or pushed, whether forwards, backwards or in any other direction, or in any other manner whatsoever.\n> \n> > (5) A person who obstructs, hinders, assaults or resists another person engaged in doing any thing pursuant to the purported exercise of the powers conferred on the Commissioner or an authorised officer by subsection (1) or pursuant to subsection (3) is guilty of an offence and liable to imprisonment for a term not exceeding 6 months.\n> \n> **s 5:** Am 1979 No 144, Sch 1 (3).","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Liability under other Acts etc not affected","content":"#### 6 Liability under other Acts etc not affected\n\n6 Liability under other Acts etc not affected\n\n> Nothing in this Act affects the liability of any person for an offence under any other Act or any regulation, by-law or ordinance.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Exculpation of Crown, Commissioner, authorised officers and other persons","content":"#### 7 Exculpation of Crown, Commissioner, authorised officers and other persons\n\n7 Exculpation of Crown, Commissioner, authorised officers and other persons\n\n> Where any thing is done pursuant to the purported exercise of the powers conferred on the Commissioner or an authorised officer by section 5 (1) or pursuant to section 5 (3), the Crown, the Commissioner, any authorised officer or any person engaged in the doing of any thing pursuant to the purported exercise of those powers or pursuant to section 5 (3) is not, subject to the regulations, liable:\n> \n> > (a) in respect of any damage, howsoever caused and whether or not due to negligence, to the motor vehicle in respect of which those powers purported to be exercised, or\n> \n> > (b) in respect of any loss or damage of any kind suffered by any person in respect of the loss of the use of the motor vehicle.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Costs and expenses recoverable by Minister","content":"#### 8 Costs and expenses recoverable by Minister\n\n8 Costs and expenses recoverable by Minister\n\n> Where the Commissioner or an authorised officer causes anything to be done pursuant to section 5 (1) or (3) in relation to a motor vehicle, the Minister may in any court of competent jurisdiction recover, as a debt due to the Crown by the owner of that motor vehicle, any amount certified (which certificate is admissible in any proceedings and is conclusive of the matters certified in and by the certificate) by the Commissioner to be:\n> \n> > (a) costs and expenses incurred by the Commissioner or the authorised officer, as the case may be, in respect of the doing of that thing, and\n> \n> > (b) an amount for which the Commissioner, the authorised officer or any person engaged in the doing of any such thing is liable, whether by reason of his or her negligence or otherwise.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Proceedings","content":"#### 9 Proceedings\n\n9 Proceedings\n\n> Proceedings for an offence under this Act may be taken before the Local Court.\n> \n> **s 9:** Am 1999 No 31, Sch 4.79; 2007 No 94, Sch 4.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Regulations","content":"#### 10 Regulations\n\n10 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to:\n> > \n> > > (a) the release of any motor vehicle or part of a motor vehicle impounded under this Act,\n> > \n> > > (b) the moving of any motor vehicle or part of a motor vehicle for the purposes of this Act,\n> > \n> > > (c) the disposal, whether by way of sale, destruction or otherwise, of any motor vehicle or part of a motor vehicle impounded under this Act, and\n> > \n> > > (d) the payment of compensation to any person where goods are damaged by virtue of the exercise of any powers pursuant to this Act or any person having an interest in any land of which possession is taken under section 5 (2).\n> \n> > (2) A provision of a regulation may:\n> > \n> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors,\n> > \n> > > (b) apply differently according to different factors of a specified kind,\n> > \n> > > (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body, or\n> > \n> > > (d) impose a penalty not exceeding 5 penalty units for any breach of the regulations,\n> > \n> > or may do any combination of those things.\n> \n> > (3) Notwithstanding section 39 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), a regulation shall, if expressed to do so, take effect from any date specified in the regulation that is the date of, or a date that is after, the date appointed and notified under section 2 (2), but nothing in this subsection shall cause any person to be guilty of any offence by reason of any act or omission occurring before the date on which the regulation is published on the NSW legislation website.\n> \n> **s 10:** Am 1987 No 48, Sch 32; 1992 No 112, Sch 1; 2010 No 119, Sch 3.11.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 11 Savings and transitional provisions\n\n11 Savings and transitional provisions\n\n> Schedule 2 has effect.\n> \n> **s 11:** Rep 1989 No 89, Sch 1. Ins 1997 No 115, Sch 4.18 \\[2\\].","sortOrder":11},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Form","content":"# Schedule 1 Form\n\nSchedule 1 Form\n\n(Section 4)\n\n[Road Obstructions (Special Provisions) Act 1979](/view/html/inforce/current/act-1979-009)\n\nThe person who last drove this motor vehicle:\n\n> (a) must forthwith move it in accordance with the following directions:\n> \n> > \\* Here insert directions  \n> > for the movement of the  \n> > motor vehicle.\n\n> (b) must not render the motor vehicle immobile.\n\nThe maximum penalty for failing to do so is a fine of 10 penalty units (that is, $1,100). The offender will also be disqualified from driving any motor vehicle for at least 1 month or for up to 3 years. The owner of the motor vehicle will also be liable to a maximum fine of 10 penalty units (that is, $1,100).\n\nIf another notice under section 4 of the [Road Obstructions (Special Provisions) Act 1979](/view/html/inforce/current/act-1979-009) has been affixed within 3 months before this notice was affixed, in addition to those penalties, this motor vehicle is liable to be forfeited to the Crown.\n\n**sch 1:** Am 1979 No 144, Sch 1 (4); 1992 No 112, Sch 1; 2000 No 93, Sch 2.43.","sortOrder":12},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 2 Savings and transitional provisions\n\nSchedule 2 Savings and transitional provisions\n\n(Section 11)\n\n**sch 2:** Ins 1997 No 115, Sch 4.18 \\[3\\].","sortOrder":13}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow emergency purpose. The 1989 insertion of s 2A (activation by Governor's order) actually constrained the original scope, which operated continuously until that amendment. Subsequent amendments have been technical updates to cross-references (Road Transport Act 2013) and modernisation of publication methods (NSW legislation website). The core mechanism — emergency powers for road obstructions during declared periods — remains unchanged from the 1979 intent."},"complexity_factors":["Sunset/activation mechanism in s 2A requiring Governor's orders for the Act to operate, creating a conditional layer over the entire scheme","Multiple cross-references to the Road Transport Act 2013 for definitions (motor vehicle, owner, public road)","Nested liability provisions: driver liability (s 4(3)), owner liability (s 4(5)), absolute liability offence (s 4(7)), and exculpation provisions (s 7)","Complex forfeiture trigger requiring temporal calculation (second notice within 3 months of first notice)","Regulation-making power with standard-form flexibility clauses (s 10(2)) and retrospective effect provisions (s 10(3)) with carve-outs for prejudice","Savings and transitional provisions in Schedule 2 with additional regulation-making capacity for transitional matters"],"plain_english_summary":"**What this law does:**\n\nThis Act gives police extraordinary powers to deal with vehicles blocking public roads — but **only during specific emergency periods** declared by the Governor (originally designed for major industrial disputes or civil unrest).\n\n**Who it affects:**\n\n- **Drivers** who leave vehicles obstructing roads during declared periods\n- **Vehicle owners** (who can be fined even if they weren't driving)\n- **Police** (specifically sergeants or higher, or officers in charge of stations)\n\n**How it works:**\n\n1. **The Governor must first activate the law** by publishing an order (maximum 3 months at a time) declaring that \"road obstruction powers\" are in force.\n\n2. **Police can then attach notices** to obstructing vehicles ordering the driver to move them immediately.\n\n3. **If the driver doesn't comply**, police can:\n   - Seize and move the vehicle (even onto private land)\n   - Dismantle or modify it to move it\n   - Destroy it if necessary\n   - Impound it\n\n4. **Penalties are severe:**\n   - Fines up to 10 penalty units (currently $1,100)\n   - Automatic 1-month licence disqualification (up to 3 years if court orders)\n   - **Vehicle forfeiture** if the driver is a repeat offender (another notice within 3 months)\n   - Owners can be fined even if they weren't driving\n\n5. **Police are broadly protected** from lawsuits for damage caused while exercising these powers.\n\n**Why it matters:**\n\nThis is a **draconian emergency measure** that overrides normal property rights. It was originally designed for major industrial blockades (like the 1979 trucking disputes) but remains on the books as a tool for civil emergencies. The requirement for Governor activation means it cannot be used for routine traffic management — only during declared crises."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s practical scope has been altered by later amendments: a time‑limited activation mechanism was added (s 2A), definitions were updated to tie to the Road Transport Act (s 3), and the regulatory framework was expanded to cover release, disposal, compensation and retrospective commencement (s 10). These amendments shift the Act from continuous standing powers to episodic use governed by proclamation and subordinate regulation, and increase reliance on executive determinations and regulations for implementation."},"complexity_factors":["High executive and operational discretion to act without warrant: broad powers to seize, move, modify or destroy vehicles and to take possession of land (s 5(1)–(2)).","Temporal limit on operation requires a Governor’s order for fixed periods (s 2A), adding an activation step to enforcement.","Interplay with other statutes for definitions and licence effects (references to Road Transport Act 2013 in s 3 and s 4(4)).","Absolute liability offence for failing to comply with a notice (s 4(7)) and criminal penalties for obstructing officers (s 5(5)).","Power to forfeit vehicles after repeated notices and to disqualify drivers (s 4(4), (6); Sch 1), raising property and liberty consequences.","Minister’s ability to recover certified costs as a debt and the evidentiary/conclusive effect of the certificate (s 8).","Crown and officer exculpation for damage or loss subject to regulations (s 7), which limits civil remedies and shifts risk.","Regulations can fill operational detail, impose penalties, provide for compensation and take effect from specified dates (s 10(1)–(3)), increasing reliance on subordinate law."],"plain_english_summary":"This Act lets the Police Commissioner or a sergeant‑rank authorised officer affix a notice ordering the last driver to move a vehicle that is obstructing a public road; failure can attract fines, licence disqualification and, after repeat notices, forfeiture — and the vehicle may be seized, moved, modified, impounded or destroyed (ss 4–5, Sch 1). The Governor must declare the short periods when these powers may be used (s 2A). The owner/driver pays fines and costs; the Minister can recover expenses as a debt (ss 8, 4)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient legislative content was provided to assess whether the Act's scope changed from its original intent. The document contains only website navigation and status metadata, not the actual provisions of the Act. Based purely on the title and ministerial responsibility remaining consistent over decades, there is no evident major scope change, but this cannot be confirmed without the Act's text."},"complexity_factors":["The document provided contains virtually no substantive legislative text — only website metadata and navigation elements, making meaningful complexity assessment impossible","What little can be inferred suggests a relatively narrow, specific subject matter (road obstructions), which is typically low-to-moderate complexity","The Act has been in force since 1979 with only minor amendments, suggesting it has not grown significantly in complexity over time","Short title and ministerial responsibility suggest a focused, single-purpose piece of legislation rather than a broad regulatory scheme"],"plain_english_summary":"This NSW Act from 1979 sets out special rules for dealing with road obstructions and sits under the Minister for Police and Counter‑terrorism, implying enforcement powers to address protests, abandoned vehicles or other blockages. It matters to protesters, vehicle owners and police/road authorities because it governs removal and control of impediments to traffic and public order. Note: the provided document lacks the Act’s substantive text—consult the legislation or legal advice for details."}},"importantCases":[],"_links":{"self":"/api/acts/road-obstructions-special-provisions-act-1979","history":"/api/acts/road-obstructions-special-provisions-act-1979/history","analysis":"/api/acts/road-obstructions-special-provisions-act-1979/analysis","conflicts":"/api/acts/road-obstructions-special-provisions-act-1979/conflicts","importantCases":"/api/acts/road-obstructions-special-provisions-act-1979/important-cases","documents":"/api/acts/road-obstructions-special-provisions-act-1979/documents"}}