NSWIn ForceAct
Public Spaces (Unattended Property) Act 2021
55Fees payable in relation to exercise of functions under this Act
Start here
Get a plain-English read of 55
Turn the raw legal text into a practical explanation grounded in Public Spaces (Unattended Property) Act 2021.
#### 55 Fees payable in relation to exercise of functions under this Act
55 Fees payable in relation to exercise of functions under this Act
> > (1) This section applies if a provision of this Act provides that a person is entitled to be paid an amount for exercising a function under this Act in relation to property.
>
> > (2) The amount that is to be paid in relation to an authorised officer exercising functions under this Act is the total of the fees—
> >
> > > (a) for a function exercised by an authorised officer other than a police officer—that may be charged under subsection (4) and decided, in writing, by the authority that appointed the authorised officer, and
> >
> > > (b) for a function exercised by a police officer—that may be charged under subsection (4) and decided, in writing, by the Commissioner of Police.
>
> > (3) The amount that is to be paid in relation to an occupier of private land exercising functions under this Act in relation to an animal is—
> >
> > > (a) the total of the fees that may be charged under subsection (4) in relation to the animal, and
> >
> > > (b) stated in a notice given by the occupier to the animal’s owner.
>
> > (4) The fees that may be charged in relation to property are as follows—
> >
> > > (a) a fee for walking or transporting an animal to—
> > >
> > > > (i) a place of care or to the address of the responsible person for the animal, or
> > >
> > > > (ii) a market or sale yard for sale,
> >
> > > (b) a fee for providing an animal taken into possession with food, water or veterinary care,
> >
> > > (c) a fee for loss or damage attributable to an animal taken into possession while it was unattended, including on private land without the permission of the occupier of the land,
> >
> > > (d) a fee for transporting an item to a place of care or a place of storage,
> >
> > > (e) a fee for storing an item at a place of storage,
> >
> > > (f) a fee to cover the cost of serving a notice notifying the owner of property that the property has been taken to a place of care.
>
> > (5) Different fees may be decided for different classes of property.
>
> > (6) A fee fixed under this section—
> >
> > > (a) must not exceed the maximum fee, if any, prescribed by the regulations, and
> >
> > > (b) that exceeds a maximum prescribed under paragraph (a) is reduced to the maximum.
>
> > (7) An authority must pay to the Commissioner of Police an amount paid to or deducted or recovered by the authority that was payable in relation to property taken possession of by a police officer.
>
> > (8) An authority may waive payment of an amount, or part of an amount, in relation to taking possession of an animal in a public place that had strayed because a gate or fence had ceased to be animal proof due to fire, flood or other natural disaster.
>
> > (9) The regulations may provide for matters in relation to the amounts to be paid in relation to property taken possession of under this Act.