The Regulation revolves around a classification system for unattended property. The Act itself defines class 1, class 2, and class 3 items, but the Regulation adds detail. Class 1 items are typically small personal property such as bags, bicycles, or clothing. Class 2 items are items provided under a sharing service, most notably shopping trolleys and e‑scooters. Class 3 items are motor vehicles, and the Regulation clarifies that a motor vehicle made available for public use (including as part of a sharing service) is a class 3 item (section 6). This means a shared e‑scooter is a class 2 item, but a shared car is a class 3 item, attracting longer notice periods and additional procedural requirements.

The concept of a “scheme operator” is central to class 2 items. A scheme operator is a person who carries on a business of providing a sharing service under which the item is provided for hire (section 3). Scheme operators bear specific responsibilities and can be issued penalty notices for unattended items, but only after the authorised officer has given them notice of the item’s location and the fact that it is believed to be unattended, for the minimum notice period (section 22).

The “minimum notice period” is defined in section 4 and differs based on the type of property. For a shopping trolley whose owner owns fewer than 25 trolleys, it is four days. For all other items (including animals) and for trolleys owned by larger operators, it is three hours. This distinction reflects the practical difficulty of retrieving a small number of trolleys compared to a large fleet.

The “responsible person” is a concept imported from the Act. For most items, it is the owner or operator. For class 3 items, the Regulation adds that if there is currently no registered operator, the last registered operator is a responsible person. However, if that person disposed of the item within the previous three years, the new owner becomes the responsible person instead, but only if the last operator produces written evidence of the disposal (section 7). This prevents a former owner from remaining liable for a vehicle they have sold, while still allowing authorities to trace responsibility.

The Regulation introduces special protections for homeless persons. If an authorised officer believes a homeless person is a responsible person for an animal or item, the officer must, before taking possession, consider the underlying principles in the Protocol for Homeless People in Public Places published by the Department of Communities and Justice, and any policy adopted by the authority to give effect to that Protocol (section 8). This does not prevent possession but imposes an additional step to ensure the circumstances of homeless individuals are taken into account.

Another key concept is the “relevant period” after which property may be disposed of without court involvement. For a shopping trolley, this is one day; for an animal or any other item, it is 14 days (section 17). The distinction reflects the perishable nature of some property and the need for swift action. The “unattended item periods” in section 19(1) are different: they set the duration an item must have been unattended to qualify under certain provisions of the Act (7 days for class 1 and 2, 15 or 28 days for class 3). These periods trigger the authority to take longer-term action, such as removal under the Act’s extended powers.

The Regulation also prescribes a code of practice for class 2 items. The Code of Practice for Class 2 Items , Shopping Trolleys and other Sharing Service Items, published on 1 November 2022, is given statutory force (section 19(2)). This code presumably sets operational standards for scheme operators regarding retrieval, storage, and record‑keeping, and it must be complied with under the Act.

Finally, the concept of “proceeds of sale” is important. When an authority sells property it has taken into possession, it may deduct the costs of sale and any fees for the exercise of functions by authorised officers. The remainder is held for the owner to claim within a set period (3 months for class 1 and 2 items; 6 months for class 3 items and animals). If unclaimed, the authority may keep the balance (section 14). This creates a financial incentive for authorities to handle property efficiently while preserving the owner’s right to recover value.

The Regulation also defines “authorities” and “areas of operations” in Schedule 2. This is a list of bodies empowered to exercise functions under the Act, along with the specific land within which they operate. For example, a council’s area is its local government area (subject to exclusions for land managed by the National Parks authority), while Transport for NSW operates on classified roads and related land. This prevents jurisdictional overlap and ensures clear accountability.

The Regulation directly affects several categories of persons and organisations. The most obvious are the authorities designated in Schedule 2. These include local councils, the Minister administering the Crown Land Management Act, Forestry Corporation, Local Land Services, the Secretary of the Department of Planning and Environment (for national parks), various trusts (Centennial Park, Parramatta Park, Royal Botanic Gardens, Western Sydney Parklands), Place Management NSW, port authorities, Venues NSW, Sydney Olympic Park Authority, Transport for NSW and its transport corporations, and Water NSW. Each authority has a defined area of operations within which it may exercise powers under the Act and this Regulation. For example, a council may act within its own local government area and, with authorisation, within part of another council’s area (Schedule 2, clause 4). This means that local government rangers, national parks officers, and transport inspectors all become authorised officers under the same regulatory framework, but only within their designated zones.

Scheme operators for class 2 items , that is, businesses that provide hire scooters, bicycles, or shopping trolleys for public use , are directly affected. They face penalty notices if their items are left unattended in public spaces. However, the Regulation protects them from surprise fines: before issuing a penalty notice based on the operator’s liability under the Act, an authorised officer must first give the operator notice of the item’s location and the fact that the officer believes it is unattended, and must allow the minimum notice period to elapse (section 22). This gives scheme operators a window to retrieve the item before a penalty accrues.

Owners of shopping trolleys are also affected, particularly small operators. The minimum notice period for a trolley whose owner has fewer than 25 trolleys is four days, much longer than the three-hour period for larger operators. This presumably recognises that a small business may not have the resources to retrieve a trolley quickly. Conversely, operators with 25 or more trolleys are treated as having a three-hour notice period, reflecting an expectation of greater capacity.

Homeless persons are a protected class under the Regulation. If an authorised officer believes a homeless person is a responsible person for an animal or item, the officer must consider the Protocol for Homeless People and any implementing policies before taking possession (section 8). This imposes a procedural safeguard that does not apply to other responsible persons. The Protocol is not reproduced in the Regulation, but it is incorporated by reference and must be applied in good faith.

Registered operators of motor vehicles (class 3 items) are affected in several ways. The last registered operator is a responsible person if there is no current operator (section 7). When a class 3 item is taken into possession, the authority must notify NSW Police (section 10(2)). Before disposing of the vehicle, the authority must search the Personal Property Securities Register and give notice to the registered operator unless already done (section 15). The owner of a sold vehicle may claim the proceeds of sale within six months (section 14(2)(b)). All of these provisions affect anyone who owns or has owned a vehicle that might be left unattended in a public place.

NSW Police are involved in two ways. They must be notified when a class 3 item is taken into possession (section 10(2)). They may also be asked to make enquiries about the owner of a motor vehicle if register searches fail (section 13(1)(d)(ii)). Additionally, the Commissioner of Police must set fees for police officer functions, considering reasonable cost (section 21(3)), and the authority must consider any response from the Commissioner before disposing of a class 3 item (section 15(1)(a)).

Owners of animals are affected, particularly those whose animals stray into public spaces. The notice period before an unattended animal can be seized is only three hours, which is short. However, the officer must consider the homeless protocol if the animal belongs to a homeless person. The proceeds of sale for an animal must be claimed within six months, and the relevant period for disposal without court order is 14 days (section 17(b)). For animals on private land without permission, there are separate penalty notice amounts (Schedule 1, offence under section 40(1)).

Authorised officers appointed by the authorities are the frontline enforcers. They must follow detailed procedural steps before taking possession, including giving notices, waiting periods, and considering the homeless protocol. They must also take reasonable steps to preserve the condition of property taken into possession (section 10(1)). Failure to comply with these procedural requirements could expose decisions to challenge, although the Regulation does not explicitly state consequences.

Property owners generally have the right to recover their property or its proceeds, but only if they act within the prescribed time frames. For class 1 and class 2 items, they have three months after sale to claim proceeds; for class 3 items and animals, six months (section 14(2)). They must also be identified and notified through the reasonable steps set out in section 13. If an owner cannot be found, the authority may keep the proceeds after the claim period expires.

Finally, persons receiving directions from authorities under section 28 of the Act are affected. The Regulation requires that any action required be reasonable and proportionate (section 12(1)). This limits the scope of what can be demanded and provides grounds for challenging an overly onerous direction.

The Regulation imposes specific duties on authorised officers and authorities, while conferring corresponding rights on owners and responsible persons.

Duty to consider the homeless protocol. Before taking possession of an animal or item from a homeless person, an authorised officer must consider the underlying principles in the Protocol for Homeless People in Public Places and any authority policy that gives effect to that Protocol (section 8). This is a mandatory step; failure to consider it could render the seizure procedurally flawed. The right of a homeless person is to have their circumstances weighed before property is taken.

Duty to give notice before taking possession. For class 1 and class 2 items taken under the early intervention provisions, the officer must give written notice specifying a time and date after the minimum notice period (3 hours or 4 days) and must again believe the item is unattended at that time (section 9(2)). For class 1 and class 2 items taken after a prolonged period of unattendance, the notice must specify a time and date after a longer wait: 7 days for class 1, 4 days for class 2 (section 9(3)(d)(i)-(ii)). For class 3 items, the wait ranges from 3 to 15 days depending on the vehicle’s status. The notice must be given to a responsible person or attached to the item if one cannot be readily identified (section 9(5)). This duty gives responsible persons a right to receive notice and a window to retrieve the item.

Duty to preserve condition. After taking an item into possession, an authorised officer must take reasonable steps to ensure the item remains in the condition it was in at the time of seizure and to protect it from damage (section 10(1)). This protects the owner’s interest in the property while it is in official custody.

Duty to notify NSW Police for class 3 items. As soon as practicable after taking a class 3 item into possession, the officer must notify NSW Police (section 10(2)). This ensures police are aware of vehicles that may be stolen or otherwise of interest.

Duty regarding moved items. If an officer decides to move an unattended item to another place in the same general area (rather than taking possession), the officer must move it to a place where it is reasonably likely to be found by a responsible person, or if that is not practicable, take reasonable steps to notify a responsible person of the new location (section 11). This preserves the owner’s chance of recovery.

Duty to make directions reasonable and proportionate. A direction notice under the Act may require action only if it is reasonable and proportionate (section 12(1)). Examples include repairing a fence, submitting a plan of management, or complying with an approved plan. The time for compliance must be either the minimum notice period or a longer period if specified, or if no period is specified, a reasonable period ending after the minimum notice period (section 12(3)). This limits the authority’s power and gives the recipient the right to challenge disproportionate demands.

Duty to identify and notify owners. After taking possession, the authority must take reasonable steps to identify and notify the property owner. The Regulation specifies what those steps include: for animals, checking identification, microchips, or livestock registers; for class 1 items, checking labels; for class 2 items, checking branding; for class 3 items, searching vehicle registers and, if necessary, asking NSW Police (section 13(1)). The duty includes attempting to contact any person identified (section 13(2)). This right of owners to be identified and contacted is fundamental to the scheme.

Duty before disposing of a class 3 item. The authority must consider any police response to the earlier notification, search the Personal Property Securities Register, give notice of proposed disposal to any security interest holder, and give notice to the registered operator unless already done (section 15). This protects the interests of financiers and owners.

Rights to proceeds of sale. An owner of sold property may claim the proceeds of sale (minus costs and fees) within 3 months for class 1/2 items, or 6 months for class 3 items and animals (section 14(2)). If no claim is made, the authority may keep the proceeds. This right is time-limited, placing an onus on owners to act promptly.

Right to notice before penalty for scheme operators. A scheme operator must not be issued a penalty notice for an unattended class 2 item unless the authorised officer first gives the operator notice of the item’s location and the officer’s belief that it is unattended, and allows the minimum notice period to elapse (section 22). This gives the operator a right to retrieve the item before being fined.

Right to have fees set reasonably. When an authority decides amounts to be paid for the exercise of authorised officer functions, it must consider the reasonable cost of exercising the function (section 21(2)). The same applies to the Commissioner of Police for police officer functions (section 21(3)). This ensures that fees are not arbitrary.

Duty to keep records. Authorities must keep records of property taken into possession, including costs of handling, method of disposal, and if sold, the proceeds and where they are kept (section 18). This creates transparency and accountability.

The Regulation creates a detailed penalty notice regime through Schedule 1, which specifies the amounts payable for various offences under the Act. The amounts differ depending on whether the offender is an individual or a body corporate, and on the class of property involved.

For failing to comply with a direction under section 28(4) of the Act, the penalty for an individual is $1,320 for an animal, class 2 item, or class 3 item, but only $660 for a class 1 item. For a body corporate, the amounts are doubled: $2,640 for the higher categories, $1,320 for class 1. This graduated scale reflects the greater potential harm or nuisance from larger items and animals.

The offence under section 37(1) relates to allowing an unattended item to remain in a public place contrary to a requirement to remove it. For a class 1 item, the penalty is $330 for an individual and $660 for a body corporate. For a class 2 item not in the same public place or circumstance as another, it is $660 for an individual and $1,320 for a body corporate. If there are 2 to 11 class 2 items in the same place or circumstance, the penalty is calculated per item: $660 for the first item plus $66 for each additional item (individual), and double that for a body corporate. This cumulative structure discourages operators from allowing multiple items to accumulate. For a class 3 item, the penalty is $660 for an individual and $1,320 for a body corporate.

The offence under section 37(2) for allowing a single animal to be in a public place unattended carries a penalty of $660 for both individuals and body corporates , notably, no corporate multiplier. For 2 to 11 animals in the same public place, it is $660 for the first animal plus $66 per additional animal, again the same for both types of offender. This suggests a public nuisance rationale.

The offence under section 40(1) for allowing an animal to be on private land without permission mirrors the unattended animal penalties exactly: $660 for a single animal, and $660 plus $66 per additional animal for 2 to 11 animals, with no distinction between individual and body corporate.

The offence under section 42(3) relates to failing to comply with a requirement about unattended property after it has been taken into possession. For an animal, the penalty is $660 for an individual and $1,320 for a body corporate. For a class 1 item, it is $330 for an individual and $660 for a body corporate. For a class 2 or class 3 item, it is $660 for an individual and $1,320 for a body corporate.

The Regulation empowers authorised officers to issue penalty notices for all these offences (section 20). However, it imposes a critical limitation on when a penalty notice can be issued to a scheme operator for an unattended class 2 item. The officer must first give the operator notice of the item’s location and the officer’s belief that it is unattended, and must allow the minimum notice period to pass (section 22). For a scheme operator with 25 or more trolleys, the minimum notice period is three hours; for smaller operators it is four days. This means a penalty notice cannot be issued immediately upon finding an unattended sharing service item; the operator gets a chance to retrieve it.

The penalty amounts in Schedule 1 are presumably updated periodically, and the Regulation itself may be amended to adjust them. The amounts are relatively high, particularly for body corporates, reflecting the legislative intent to deter commercial operators from allowing property to clutter public spaces.

Enforcement is carried out by authorised officers appointed by the authorities listed in Schedule 2. Those officers must follow the procedural requirements of the Regulation, including the notice and wait periods, before they may take possession or issue a penalty notice. If they fail to do so, a court might later quash a penalty notice or find a seizure invalid, although the Regulation does not explicitly state that consequence. The Act itself likely governs the validity of enforcement actions.

The Regulation also provides for directions to responsible persons (section 12) as an alternative or precursor to penalties. A direction may require repair of enclosures, submission of a management plan, or compliance with an approved plan. Non-compliance with a direction is itself an offence under the Act (section 28(4)), with penalty amounts set out in Schedule 1. This gives authorities a graduated enforcement tool: first issue a direction, then if ignored, issue a penalty notice.

The offence amounts do not include any mention of accumulation or escalation for repeat offenders beyond the per-item calculation for multiple items in a single enforcement action. There is no express provision for daily penalties, but the Act may contain such provisions.

Finally, authorities may retain proceeds of sale after deductions for costs and fees, and may keep unclaimed proceeds entirely (section 14(3)). This creates a financial dimension to enforcement, as the authority can recoup its expenses while returning any surplus to owners.

The Regulation explicitly references several other pieces of legislation, and by its nature it sits within a broader legal framework dealing with public spaces, property rights, and local government.

The primary interaction is with the Public Spaces (Unattended Property) Act 2021. The Regulation is made under that Act, and every provision except those dealing with fees and penalty notices is expressed as being for a specific section of the Act. For example, section 5 of the Regulation is made for section 5(2)(b) of the Act, and section 8 is made for sections 18(3)(b) and 25(3)(b) of the Act. The Regulation gives operational effect to the Act’s framework. Without the Regulation, the Act’s provisions about time periods, procedures, and penalties could not be applied.

The Interpretation Act 1987 is noted as containing definitions and other provisions that affect the interpretation and application of the Regulation (section 3 note). This standard interaction means that terms used in the Regulation are to be construed consistently with the Interpretation Act unless a contrary intention appears.

The Regulation interacts with the Road Transport Act 2013 and its associated Road Transport (Vehicle Registration) Regulation 2017. Section 7 of the Regulation notes that obligations under road transport legislation relating to disposal of registered motor vehicles are found in clause 38(1) of that Regulation. This ensures that when an authority disposes of a class 3 vehicle, it also complies with the separate requirements for notifying the roads authority and transferring registration. The note in section 13(1)(d)(i) references the “NSW registrable vehicles register under the Road Transport Act 2013” as a resource for identifying owners.

The Personal Property Securities Act 2009 (Cth) is referenced in section 15(1)(b). Before disposing of a class 3 item, the authority must search the Personal Property Securities Register for any security interests in the vehicle. If a security interest is found, the authority must give notice of the proposed disposal to the person claiming the interest. This ensures that the authority does not inadvertently defeat a secured party’s interest, and it reflects the interaction between state property management powers and Commonwealth personal property securities law.

The Biosecurity Act 2015 is referenced in the example in section 13(1)(a), noting that the National Livestock Identification System maintained under that Act can be used to identify the owner of an animal. This is a practical interaction: animal identification databases established for biosecurity purposes are repurposed for unattended property management.

The Local Government Act 1993 is central to Schedule 2, clause 4. A council’s area of operations is its local government area, and terms like “area” and “council” have the same meaning as in that Act. This means that the geographical limits on a council’s power to deal with unattended property are the same as its ordinary local government boundaries, subject to the exception for land within the area of operations of the Secretary of the Department of Planning and Environment under clause 6.

Other Acts listed in Schedule 2 include the National Parks and Wildlife Act 1974 (defining the area for national parks land), the Crown Land Management Act 2016 (defining Crown land areas), the Forestry Act 2012 (defining State forests and timber reserves), the Ports and Maritime Administration Act 1995 (defining port land), the Transport Administration Act 1988 (defining transport corridor land), and the Water NSW Act 2014 (defining controlled and special areas). Each of these Acts provides the jurisdictional foundation for the authority’s power to act.

The Code of Practice for Class 2 Items published by the Department of Planning and Environment is given statutory force by section 19(2). This code is not reproduced in the Regulation but is incorporated by reference. It presumably sets out standards for scheme operators regarding retrieval, record‑keeping, and reporting. Non-compliance with the code could lead to enforcement action under the Act.

The Protocol for Homeless People in Public Places published by the Department of Communities and Justice is not a legislative instrument but must be considered by authorised officers before taking possession from a homeless person (section 8). This interaction requires officers to be familiar with a policy document that sits outside the Regulation.

The Regulation does not explicitly interact with the criminal law, but the notification to NSW Police under section 10(2) for class 3 items could lead to criminal investigations if the vehicle is stolen. The police may also be asked to make enquiries about ownership under section 13(1)(d)(ii).

Finally, the Regulation’s provision for authorities to keep proceeds of sale may interact with the Unclaimed Property Act if the proceeds remain unclaimed for longer periods, though the Regulation does not mention that Act. The six-month or three-month claim period is specific to this scheme and may not align with general unclaimed property rules.

The Regulation’s amendment history is recorded in the source text in a minimal form. Part 6, which originally contained sections 24 to 26, was repealed by the Public Spaces (Unattended Property) Regulation 2022 itself (2022 (641), section 26). The repeal is noted after Part 6, indicating that the entire Part was removed. The content of the repealed sections is not stated in the source.

Schedule 2 has been amended twice. The first amendment was by 2024 No 67, Sch 5.5. The second amendment was by 2025 No 66, Sch 2.6 [1] [2]. The source does not specify what those amendments changed, but they presumably added or modified the list of authorities or their areas of operations. The reference to 2025 No 66 indicates that the Regulation has been amended after its initial making in 2022.

The legislation note at the top of the Regulation states “Status: In force” and the version date shown is current as of the time of the source being retrieved. The Regulation commenced on 1 November 2022 (section 2). No other amendment history is provided in the text. The source does not include any historical versions or explanatory notes.

It is important to note that the Regulation does not contain a table of amendments or a detailed legislative history. The only changes visible are the repeal of Part 6 and the two Schedule 2 amendments. Practitioners should consult the official New South Wales legislation website for the complete amendment history, as the source provided is limited.

The repealed sections 24-26 are not described, so their subject matter is unknown. Their repeal might have removed transitional provisions or definitions that were no longer needed. The amendment of Schedule 2 likely reflects machinery changes to the list of authorities, such as the creation of new government entities or the renaming of existing ones (for example, the repeal of one transport corporation in clause 14(1)(e) is noted as repealed, though the source says “(e) (Repealed)” without a date).

No other provisions in the Regulation show evidence of amendment. The penalty notice amounts in Schedule 1 do not have any annotation indicating they have been updated. This suggests those amounts may have remained unchanged since commencement, but that cannot be confirmed from the source alone.

The source text of the Public Spaces (Unattended Property) Regulation 2022 does not mention any litigation history. There are no references to court cases, tribunal decisions, or judicial interpretations of any provision within the Regulation. The Regulation is a subordinate instrument that has been in force only since 1 November 2022, and the provided text does not include any notes or comments on how its provisions have been litigated.

The absence of litigation history in the source does not necessarily mean there has been no litigation; it means the editor of the published version did not include any such information. The Regulation may have been considered in proceedings under the parent Act, but the source does not record that. It is also possible that the Regulation’s procedural requirements (such as the notice and waiting periods) have been the subject of challenge, but no case is cited.

Practitioners should conduct their own searches of case law databases for any decisions that cite the Regulation. Key areas of potential litigation could include the validity of penalty notices issued without proper notice, the reasonableness of directions under section 12, the adequacy of steps taken to identify owners, or the application of the homeless protocol. However, based solely on the source, there is no litigation history to report.

The Regulation contains several provisions that could trip up unwary practitioners or authorities if not carefully applied.

Timing quirks with the minimum notice period. A notice given before 7 am is treated as having been given at 7 am that day; a notice given after 8 pm is taken as given at 7 am the next day (section 4(2)). This means a notice posted at 8.01 pm on Friday is deemed to have been given at 7 am on Saturday, but if that Saturday is a non-business day, the three-hour or four-day period still runs from Saturday 7 am. For a three-hour notice, the period would expire at 10 am on Saturday , potentially before anyone can retrieve the item. Authorities need to account for this when timing their actions, and operators should monitor notices even outside business hours.

The four-day notice period applies only to trolley owners with fewer than 25 trolleys. If an owner has exactly 25 or more, the period is three hours. The Regulation does not specify how the count is determined (global fleet or within a local area). A small business with 24 trolleys gets four days; a larger operator gets three hours. This distinction could create disputes over counting methodology.

For class 3 items, the notice period before taking possession depends on vehicle status. If a vehicle is unregistered or unable to be legally driven due to its physical condition, the wait after notice is only three days (section 9(3)(d)(iii)(A) and (B)). For other registered vehicles it is 15 days. This means a derelict car can be removed faster than a parked but drivable car. However, the “unattended item period” in section 19(1)(b) uses longer thresholds: 15 days for unregistered/unable to drive, 28 days for other registered vehicles. These two sets of periods are for different purposes (section 9 vs section 19) and must not be confused.

Notice may be given before the period of unattendance has ended. Section 9(4) explicitly states that the notice under subsection (3) may be given before the end of the period under section 19(1). This means an officer can issue a notice as soon as the item appears unattended, even if it has not yet been unattended for the full 7 or 15 or 28 days. The waiting period under section 9(3)(d) then runs from the notice, giving the responsible person a window to retrieve it before the officer returns.

Contents of class 3 vehicles are treated as unattended and can be removed and disposed of separately. An authorised officer may remove contents before disposing of the vehicle, and the authority may dispose of contents in the same way as other unattended items (section 16(4)-(5)). Critically, the authority is not required to identify and notify the owner of the contents if it reasonably believes the owner is the same as the vehicle owner and the authority has already taken steps to notify the registered operator (section 16(6)). This means personal belongings inside a seized car could be thrown away without separate notice, as long as the officer believes they belong to the registered operator.

The homeless protocol must be considered, not just read. Section 8 requires an authorised officer to “consider” the underlying principles in the Protocol and any authority policy. This is a mandatory step. A failure to consider could make a subsequent seizure unlawful. The Protocol itself is not set out in the Regulation, so officers must have access to the current version.

Directions must be reasonable and proportionate, but the Regulation gives examples (fence repair, management plan). Section 12(1) is a general limitation. However, a direction that requires a person to submit a plan of management could be costly and complex, potentially raising proportionality issues. The authority must assess the individual circumstances.

Penalty notices for scheme operators cannot be issued without first giving notice of location. Section 22 is a precondition. An officer who issues a penalty notice directly upon finding an unattended sharing service item will have acted invalidly. The operator must be given the minimum notice period (3 hours or 4 days) to retrieve the item. This means scheme operators with large fleets have only three hours to act , a tight window for retrieval across a city.

The relevant period for disposal of a shopping trolley is only one day. Section 17(a) says the authority may dispose of a trolley after it has held it for one day. This is extremely short. The owner must act quickly to claim the trolley before it is sold or destroyed. For animals and other items, the period is 14 days.

Proceeds of sale must be claimed within strict time frames. Three months for class 1/2 items, six months for class 3 items and animals (section 14(2)). After that, the authority may keep the money. Owners who miss the deadline lose any right to the proceeds, even if they had a legitimate excuse.

The authority may keep an amount equal to the fee payable for the authorised officer’s functions from the proceeds. Section 14(1)(b) allows deduction of fees set under section 55 of the Act. These fees must be based on reasonable cost (section 21(2)), but if an authority sets fees that are not truly reasonable, the owner could be left with a much smaller net return.

Schedule 2 definitions are cross-referenced. The area of operations for each authority depends on the meaning of terms like “area”, “council”, “controlled area”, and “special area” as defined in other Acts. Practitioners must consult those Acts to know exactly where an authority can operate. For example, a council’s area excludes land within the Secretary’s area for national parks, which could create gaps or overlaps.

The Regulation does not create an independent right of appeal. It describes procedures but does not say what happens if an authority makes a mistake. An owner whose property is seized without proper notice would need to rely on the Act or general administrative law for a remedy.

For authorities and their authorised officers, compliance with the Regulation requires strict adherence to the procedural steps set out in Part 3 and Part 4. The first step when encountering what appears to be unattended property is to determine its classification: class 1, class 2, or class 3, or an animal. This classification dictates the applicable notice period and waiting time.

For class 1 and class 2 items that the officer intends to seize under the Act’s early intervention powers, the officer must give written notice to a responsible person (or attach it to the item if a person cannot be readily identified). The notice must specify a time and date after the end of the minimum notice period. For most items, that period is three hours; for a shopping trolley whose owner has fewer than 25 trolleys, four days. The officer must then attend at the specified time and date and verify that the item is still unattended before taking possession. It is prudent to document the notice, the time it was given, and the officer’s belief at the later time.

For property that has been unattended for a longer period (7 days or more for class 1/2, 15 or 28 days for class 3), the officer may use the provisions in section 9(3). The notice must specify a time and date after a longer wait: 7 days for class 1, 4 days for class 2, and 3 or 15 days for class 3. The notice may be given before the end of the long unattendance period, but the officer must again believe the item is unattended at the specified later time. The notice must be in writing and given to a responsible person or attached to the item.

If the officer believes the responsible person may be homeless, the officer must, before taking possession, consider the Protocol for Homeless People in Public Places and any applicable authority policy. This may involve consulting a copy of the Protocol, documenting the considerations, and perhaps consulting with support services. The Regulation does not say what weight to give the Protocol, but consideration must be genuine.

After taking possession, the officer must take reasonable steps to preserve the condition of the item and protect it from damage (section 10(1)). For a vehicle, NSW Police must be notified as soon as practicable (section 10(2)). For all items, the authority must take reasonable steps to identify and notify the owner using the methods in section 13: checking microchips, labels, branding, vehicle registers, and if necessary asking police. These steps must be documented.

If the decision is to move the item to another place in the same general area rather than seize it, the officer must move it to a place reasonably likely to be found by a responsible person, or if that is not practicable, take reasonable steps to notify a responsible person of the new location (section 11). A simple shift to a nearby corner may not satisfy the requirement if it is not a place where the owner would naturally look.

When the authority decides to dispose of the property, it must comply with the relevant waiting periods. For class 3 items, before disposing, the authority must consider any police response, search the Personal Property Securities Register, notify any security interest holder, and notify the registered operator (unless already done) (section 15). The search should be performed as close to the disposal date as practical to capture recent interests.

If the property is sold, the authority may deduct the costs of sale and any fee payable for the authorised officer’s functions. Those fees must have been set by considering reasonable cost (section 21(2)). The authority must hold the remaining proceeds for the owner to claim. For class 1/2 items, the claim period is three months from sale; for class 3 items and animals, six months (section 14(2)). If no claim is made, the authority may keep the proceeds, but it should maintain records of the funds and the expiry of the claim period.

Records must be kept for each item taken into possession, including the cost of dealing with it, how and to whom it was disposed, and if sold, the proceeds and where they are kept (section 18). Good record-keeping is essential for transparency and audit.

When issuing a direction to a responsible person under the Act, the authority must ensure the required action is reasonable and proportionate (section 12(1)). The direction should specify a time for compliance: the minimum notice period, a longer period if reasonable, or if no period, a reasonable period ending after the minimum notice period. If the direction requires a plan of management, the authority should give the person enough time to prepare it.

For scheme operators of class 2 items, an authority that wishes to issue a penalty notice must first give the operator notice of the item’s location and the officer’s belief that it is unattended, and must wait the minimum notice period (three hours or four days) before issuing the notice (section 22). This precondition requires proactive notification, not just passive observation. The notice should be in writing and clearly state the location.

Authorised officers must also be aware of their authorisation boundaries. They may only act within the area of operations of the authority that appointed them, as defined in Schedule 2. A council ranger cannot seize property on a classified road under Transport for NSW’s jurisdiction unless there is an arrangement.

Finally, authorities should review the Department’s Code of Practice for Class 2 Items, as it is prescribed under section 19(2) and compliance is mandatory. The code may set out additional obligations for handling shopping trolleys and sharing service items, such as reporting requirements or storage standards.

For responsible persons and owners, compliance means responding promptly to any notice attached to property. If a notice specifies a time and date, the owner should retrieve the item before that time. If a direction to take action is received, the owner must comply within the specified period, and may challenge any requirement that appears not to be reasonable or proportionate. The owner should also monitor claim periods for any sold property; if they fail to claim proceeds within three or six months, they lose that right.