NSWIn ForceAct
Public Spaces (Unattended Property) Act 2021
25Authorised officers may take possession of items
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#### 25 Authorised officers may take possession of items
25 Authorised officers may take possession of items
> > (1) An authorised officer may take possession of an item if the officer reasonably believes—
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> > > (a) the item is unattended, and
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> > > (b) the item—
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> > > > (i) is obstructing access to or within a public place, or
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> > > > (ii) poses a risk to persons, animals or the environment, or
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> > > > (iii) is interfering with public amenity, or
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> > > > (iv) has been in the same or substantially the same place for—
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> > > > > (A) the period prescribed by the regulations, or
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> > > > > (B) if no period is prescribed by the regulations—7 days or more, or
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> > > > (v) is unattended in another circumstance prescribed by the regulations including, for example—
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> > > > > (A) the item is in a public place in contravention of a code of practice prescribed by the regulations that applies to items of that class, or
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> > > > > (B) the item does not comply with a standard prescribed by the regulations.
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> > (2) If the unattended item referred to in subsection (1) is a motor vehicle, the authorised officer may, without or before taking possession of the vehicle, enter the vehicle for the purpose of identifying the responsible person for the vehicle.
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> > (3) The regulations may provide for additional matters in relation to authorised officers taking possession of items, including—
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> > > (a) the matters to be considered by authorised officers in forming a reasonable belief items are unattended, including, for example, having regard to guidelines prescribed by the regulations, and
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> > > (b) other conditions that must be satisfied before authorised officers may take possession of items generally or a class of items, and
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> > > (c) matters about giving notices in relation to taking possession of items.