NSWIn ForceAct
Public Spaces (Unattended Property) Act 2021
26Powers of authorised officers in relation to items taken into possession
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#### 26 Powers of authorised officers in relation to items taken into possession
26 Powers of authorised officers in relation to items taken into possession
> > (1) If an authorised officer takes possession of an item under this Division, the authorised officer must—
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> > > (a) move the item to a place in the same general area in which it was left unattended so the item is no longer—
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> > > > (i) obstructing access to or within a public place, or
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> > > > (ii) posing a risk to persons, animals or the environment, or
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> > > > (iii) interfering with public amenity, or
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> > > (b) move the item to a place of storage, or
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> > > (c) deal with the item as prescribed by the regulations.
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> > (2) The regulations may provide for additional matters relating to the functions of authorised officers in relation to items the officers have taken into possession, including—
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> > > (a) action that may be taken in relation to items in the possession of authorised officers, including preventing owners of, or responsible persons for, the items removing or otherwise interfering with the items, and
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> > > (b) requirements for action to be taken after items are in the possession of authorised officers, and
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> > > (c) creating offences for removing or otherwise interfering with items that have been taken into possession by authorised officers, including removal or other interference by owners of, or responsible persons for, items.