The Regulation organises a small number of core concepts that implement the Act’s scheme:

• Definitions and scope: s 3 defines “minimum notice period” by reference to s 4, defines “scheme operator” (in relation to class 2 items) as a person who carries on a sharing service business, and declares that “the Act” means the Public Spaces (Unattended Property) Act 2021. The Regulation also flags that other interpretation and definitional rules in the Act and the Interpretation Act 1987 apply (s 3 note).

• Excluded animals: s 5 implements s 5(2)(b) of the Act by listing animals to which the Act does not apply: feral animals and certain native animals, subject to the qualifier that excluded native animals must not be ordinarily held in captivity or farmed (examples given).

• Item classes and registration adjacency: s 6 clarifies that a motor vehicle made available to the public, including as part of a sharing service, is a class 3 item for the Act’s purposes. s 7 adds a concrete rule on who counts as a responsible person for a class 3 item when there is no current registered operator , the last registered operator, unless disposal to another person occurred (with documentary evidence required for disposals within three years).

• Notice-period architecture: s 4 prescribes the minimum notice period applicable in different circumstances: 4 days for shopping trolleys where the owner owns fewer than 25 trolleys, and 3 hours for animals and other items. It also fixes administrative time‑of‑day treatment for notices given before 7.00am or after 8.00pm for counting purposes.

• Preconditions for taking possession: s 9 lays out the written-notice obligations and distinct waiting periods before authorised officers may take possession, differentiating actions under various paragraphs of the Act. It specifies distinct post-notice minimum waiting windows for class 1, class 2 and class 3 items depending on registration status and condition.

• Post-possession duties: s 10 requires authorised officers to take reasonable steps to preserve condition and protect items taken into possession, and to notify NSW Police as soon as practicable when a class 3 item is taken into possession.

• Movement without possession: s 11 requires that if an authorised officer moves an item without taking it into possession, the officer must move it to a place where it is reasonably likely to be found by a responsible person, or otherwise take reasonable steps to notify the responsible person.

• Directions to responsible persons: s 12 limits the content of directions (they must be reasonable and proportionate) and lists plausible requirements (repair fences; submit a draft plan of management; comply with an approved plan). It ties the timing for compliance to the minimum notice period or to a longer period specified in the notice.

• Identification and notification work: s 13 specifies reasonable steps to identify owners for different item types (microchip/ID for animals, labels for class 1 items, branding for class 2 items, register searches or police enquiries for class 3 items), and requires attempts to contact identified owners.

• Disposal, proceeds and records: ss 14-18 set what may be deducted from sale proceeds (costs of sale; fees for authorised officers), claim periods for former owners (three months for class 1/2; six months for class 3/animals), procedure for pre-disposal searches and notices for class 3 items (s 15), treatment of vehicle contents (treated as unattended and removable) and record details (costs, disposition, proceeds) required.

• Penalties, fees and administrative architecture: s 19 prescribes unattended periods and the Code of Practice for class 2 items, s 20 makes specific Act offences penalty‑notice offences and fixes amounts in Schedule 1, s 21 requires fees to be set having regard to reasonable cost, and s 22 imposes notice-before-issuing constraints for scheme operators. Schedule 2 lists the authorities to which the Act’s powers and the Regulation apply and their areas of operation.

These concepts convert the Act’s broad delegations into operational instructions for frontline authorised officers and the authorities that appoint them. The Regulation consistently relies on the Act for class definitions and cross-references several external registers and statutory regimes as sources of information (see ss 13(1) examples and s 15(1)(b)).

The Regulation names and constrains several discrete groups and institutional actors:

• Authorised officers and authorities: The Regulation repeatedly imposes duties on “an authorised officer” and on “the authority” that appoints authorised officers. Those duties include notice giving (s 9), condition‑preserving and damage‑prevention duties (s 10(1)), notification of police (s 10(2)), steps when moving items (s 11), and recordkeeping obligations (s 18). Schedule 2 lists the statutory authorities and their areas of operation (for example, councils under the Local Government Act 1993, Transport for NSW, National Parks land, and various trusts and corporations), which determines which agency’s authorised officers will operate where (s 23).

• Responsible persons and owners: The concept of a “responsible person” is central to the Act and the Regulation specifies how to identify and notify them (s 13) and how to treat their property. s 7 provides a default rule for responsible persons relating to class 3 (motor vehicle) items when there is currently no registered operator.

• Scheme operators: For class 2 items (sharing‑service items such as scooters or similar), the Regulation defines “scheme operator” (s 3) and imposes procedural constraints before penalty notices can be issued against them , in particular an authorised officer must give the scheme operator notice of the item’s location and the officer’s belief the item is unattended for the minimum notice period (s 22). The Code of Practice for class 2 items is prescribed for those operators (s 19(2)).

• Owners of animals: The Regulation contains multiple provisions impacting animal owners: excluded animals are defined (s 5), authorised officers must consider the Protocol for Homeless People in Public Places before taking property believed to belong to a homeless person (s 8), and specific minimum notice periods and penalty categories apply to animals (s 4, Schedule 1).

• Buyers and claimants after sale: The Regulation prescribes the authorities’ ability to keep sale proceeds to cover sale costs and officer fees (s 14(1)), and prescribes claim windows for former owners to recover remaining proceeds (s 14(2)). If no claim is made, the authority may keep the balance (s 14(3)).

• Police and secured parties: Class 3 items attract a duty to notify NSW Police after seizure (s 10(2)), and before disposal authorities must consider any police response and search the Personal Property Securities Register for security interests, and notify secured parties and registered operators as appropriate (s 15).

Financially, individuals who own unattended items or animals pay the costs of seizure, storage and disposal indirectly because those amounts can be deducted from sale proceeds (s 14(1)) and fee decisions must consider reasonable costs (s 21). Scheme operators face both compliance obligations under the Code of Practice (s 19(2)) and a defined pre-penalty-notice process (s 22) before they can be issued penalty notices for liabilities under the Act (s 20; Schedule 1).

The Regulation translates Act-level delegations into specific duties for authorised officers and rights or time windows for responsible persons and others. Key duties and rights include:

• Minimum notice and timing duties: The Regulation defines the minimum notice period (s 4). For shopping trolleys owned by persons owning fewer than 25 trolleys, the minimum notice period is 4 days; for animals and other items it is 3 hours. It also fixes administrative start points for notices given before 7.00am or after 8.00pm (s 4(2)). These notice rules are then referenced in the mechanics for taking possession (s 9) and for the timing of compliance with directions (s 12(3)).

• Written notice before taking possession: Before taking possession of class 1 or class 2 items under certain Act provisions, authorised officers must give written notice that identifies the belief the item is unattended and specify the time and date at which the officer may take possession, with the specified time being after the minimum notice period has elapsed (s 9(2)). For other taking-of-possession powers the Regulation prescribes longer waiting periods (s 9(3)(d)).

• Preservation and protection duties: After taking an item into possession, authorised officers must take reasonable steps to ensure the item remains in the condition it was in when taken and to protect it from damage (s 10(1)(a)-(b)).

• Police notification: The Regulation requires notification of NSW Police as soon as practicable after taking a class 3 item into possession (s 10(2)).

• Movement without possession duties: If an authorised officer moves an item but does not take 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 the responsible person of the new location (s 11).

• Reasonable and proportionate directions: Notices imposing actions on responsible persons must be reasonable and proportionate (s 12(1)). Permissible examples of required actions are repair of enclosures, submission and approval of plans of management and compliance with approved plans (s 12(2)). Timing for compliance is linked to the minimum notice period or a longer period stated in the notice (s 12(3)).

• Identification and notification obligations: Authorities must take “reasonable steps” to identify owners , for animals, by checking ID or microchips and searching registers to which the authority has access; for class 1 items by checking for labels; for class 2 items by checking branding; and for class 3 items by searching vehicle registers or asking NSW Police if registers are unhelpful (s 13(1)). Reasonable steps to notify an identified owner include attempting to contact the person (s 13(2)).

• Pre-disposal steps for class 3 items: Before disposing of a class 3 item, an authority must consider any police response, search the Personal Property Securities Register for security interests, notify any person claiming a security interest, and notify the registered operator (s 15(1)). There are exceptions where the registered operator cannot be found or has already been reasonably notified (s 15(2)).

• Disposal of vehicle contents: Vehicle contents are treated as unattended (s 16(3)), may be removed before vehicle disposal (s 16(4)) and may be disposed of in the same way as other taken property (s 16(5)). The authority is not required to separately identify the owner of vehicle contents if it reasonably believes the owner is the same as the vehicle owner and earlier notification steps have been taken (s 16(6)).

• Proceeds and fees: Authorities may deduct from sale proceeds costs of sale and an amount equal to a fee payable for the exercise of a function by an authorised officer (s 14(1)). Owners have set windows to claim remaining proceeds,3 months for class 1 or 2 items and 6 months for class 3 items or animals (s 14(2)). Fee-setting must take into account the reasonable cost of the officer’s exercise of the function (s 21(2)-(3)).

• Penalty notice regime and constraints: The Regulation designates certain Act offences as penalty‑notice offences and fixes amounts in Schedule 1 (s 20). It constrains issuing penalty notices to scheme operators for class 2 items by requiring that scheme operators be given notice (containing the item location and the officer’s belief) for the minimum notice period before an authorised officer may issue a penalty notice under the relevant Act provision (s 22).

• Recordkeeping rights and duties: A record of property taken into possession must include costs incurred, how and to whom property was disposed, and, if sold, the value of the proceeds and where those proceeds are kept (s 18).

These duties allocate decision-making power to authorised officers and procedural protections and time windows to responsible persons, scheme operators and registered operators, with a structure of preserved evidence and recordkeeping required to support disposals and fee deductions.

The Regulation operationalises enforcement through a penalty notice regime, administrative fees and disposal-with-deduction mechanics:

• Penalty notice offences and amounts: Section 20 declares that each offence created by provisions listed in Schedule 1 is an offence for which a penalty notice may be issued, and sets the payable amounts specified in Schedule 1. Schedule 1 lists specific Act provisions (for example, section 28(4) for different item types, section 37(1) for items or animals in public places, section 40(1) for animals on private land without permission, and section 42(3)), and sets differentiated monetary amounts for individuals and bodies corporate. The schedule includes graduated amounts where multiple items/animals are involved (for example section 37(1) for 2-11 class 2 items sets an amount for the first item and lower amounts for additional items).

• Limitations on issuing penalty notices to scheme operators: Section 22 restricts the circumstances in which an authorised officer may issue a penalty notice to a scheme operator for liability under section 39 of the Act in relation to a class 2 item. The authorised officer must first give the scheme operator notice, for the minimum notice period, of the location and the officer’s belief that the item is unattended. The minimum notice period is as defined in s 4. This creates a procedural precondition that must be satisfied before penalty notices are issued to scheme operators for class 2 items.

• Fees and deduction from proceeds: Authorities may deduct amounts from sale proceeds equal to costs of sale and a fee payable for the exercise of a function by an authorised officer (s 14(1)). Section 21 requires that in deciding such fee amounts an authority must consider the reasonable cost of the authorised officer exercising the function; and the Commissioner of Police must consider reasonable cost for police officers. This ties fee-setting to a cost-recovery concept but leaves discretion on amount subject to the prescribed consideration.

• Notification to police and secured parties as enforcement controls: For class 3 items, authorised officers must notify NSW Police as soon as practicable after taking possession (s 10(2)), and before disposing of a class 3 item an authority must consider any police response and search the Personal Property Securities Register for security interests, and notify those who claim security interests and the registered operator (s 15). Those steps embed enforcement coordination with police and federal secured‑interest registers as part of the disposals process.

• Time windows affecting enforcement options: The Regulation prescribes differing waiting or retention periods that effectively constrain when enforcement steps may be taken and when disposal may occur. Section 9 prescribes notice and waiting periods tied to the minimum notice period and distinct longer periods for disposals under certain Act provisions (for example, 7 days for class 1 items, 4 days for class 2 items, and variable days for class 3 items depending on registration and condition). Section 19(1) prescribes longer unattended-item periods for use under particular Act provisions (for example, class 1 or 2 items , 7 days or more; registered class 3 vehicles , 28 days or more, etc.). These timing rules define practical windows during which owners or scheme operators may act to avoid forfeiture or penalty.

• Recordkeeping as evidentiary support: Section 18 requires records of costs, quem disposed to and proceeds details. Those records underpin enforcement and liability determinations and support deduction of costs from proceeds (s 14).

Taken together, the Regulation mixes monetary deterrence (penalty notices of specified amounts), administrative enforcement (notice-before-action, seizure and disposal procedures), inter-agency checks (notifications to police and PPSR searches), and cost-recovery features (deductions from sale proceeds and fee-setting tied to reasonable cost). The multimodal enforcement architecture allocates stages of discretion to authorised officers while building in procedural checks that create windows for owner or scheme-operator response.

The Regulation is cross-referential and explicitly integrates with several other statutory frameworks and registers. The interactions are textual and procedural rather than substantive rulemaking beyond the Act:

• The Act and the Interpretation Act 1987: Section 3 identifies “the Act” as the Public Spaces (Unattended Property) Act 2021 and notes the Interpretation Act 1987 contains further provisions affecting interpretation (s 3 note). Thus the Regulation supplements and is read alongside the Act and general interpretative rules in the Interpretation Act.

• Road transport and vehicle registration law: The Regulation treats motor vehicles as class 3 items (s 6) and, in notes, points to obligations under road transport legislation relating to disposal of registered motor vehicles (see the Road Transport (Vehicle Registration) Regulation 2017 clause 38(1) referenced in the note to s 7). For identification of registered operators, s 13(1)(d)(i) refers to searching registers to which the authority has access, and gives the NSW registrable vehicles register under the Road Transport Act 2013 as an example.

• Personal Property Securities Act 2009 and PPSR: Section 15(1)(b) requires authorities to search the Personal Property Securities Register under the Commonwealth Personal Property Securities Act 2009 for security interests in a vehicle before disposing of a class 3 item, and to notify any person who claims a security interest (s 15(1)(c)). This inserts the PPSR into the pre-disposal checklist, recognising security interests as an encumbrance to be cleared or notified.

• Biosecurity and livestock registers: Section 13(1)(a) lists searching registers the authority has access to as a reasonable step to identify an animal owner and gives the National Livestock Identification System under the Biosecurity Act 2015 as an example. Thus agriculture/biosecurity registries are an evidentiary source for animal identification.

• Police powers and coordination: Section 10(2) requires as soon as practicable notification to NSW Police upon taking a class 3 item into possession. Section 15(1)(a) requires authorities to consider any police response to that notification before disposing of a class 3 item.

• Codes and departmental instruments: Section 19(2) prescribes the Code of Practice for Class 2 Items,Shopping Trolleys and other Sharing Service Items, published by the Department of Planning and Environment on 1 November 2022, for class 2 items. That administrative instrument is therefore a binding point of reference for scheme operators and authorities in relation to class 2 items.

• Local and special area legislation: Schedule 2 maps the Act/Regulation’s authorities and areas of operations to a large set of Acts that locate land and authorities , for example, the Local Government Act 1993 for councils (Schedule 2, section 4), the National Parks and Wildlife Act 1974 for national parks (sch 2, s 6), Transport Administration Act 1988 for Transport for NSW and other transport corporations (sch 2, s 13-14), Water NSW Act 2014 for Water NSW controlled and special areas (sch 2, s 15), and several trusts and statutory corporations. The Regulation instructs that words and expressions in Schedule 2 have the same meaning as in the corresponding Acts (s 23(b)), creating layered jurisdictional mapping.

These interactions make the Regulation operationally dependent on access to and use of external registers (PPSR, vehicle registers, livestock registers), police responses, departmental codes, and the allocation of geographic jurisdiction among authorities listed in Schedule 2. The Regulation therefore presumes inter-agency data access, procedures for police coordination and a body of departmental guidance (the Code) that complements the Regulation’s procedural mandates.

The Regulation includes limited explicit amendment metadata in the text and notes:

• Commencement: Section 2 specifies the Regulation commenced on 1 November 2022.

• Repeals recorded in Part 6: A note under Part 6 records that sections 24-26 were repealed in 2022 by instrument 641, section 26 (notation: "pt 6: Rep 2022 (641), sec 26." and similar notes for ss 24-26). The text shows Part 6 entries for ss 24-26 are marked as repealed.

• Schedule 2 amendments: A note atop Schedule 2 records later amendments: "sch 2: Am 2024 No 67, Sch 5.5; 2025 No 66, Sch 2.6[1] [2]." That signals Schedule 2 has been amended at least twice (in 2024 and 2025) by numbered instruments cited in the note. The schedule itself lists authorities and areas of operations as currently prescribed.

• Code prescription date: Section 19(2) prescribes the Code of Practice for Class 2 Items published on 1 November 2022 by the Department of Planning and Environment as the relevant code for class 2 items. This ties the Code’s operative version in by date.

The Regulation’s body otherwise contains no chronological amendment table or slider of historical versions beyond the repeal notation and Schedule 2 amendment note. The textual footnotes indicate amendments to Schedule 2 across 2024 and 2025, and the repeals in Part 6 are recorded, but there is no further legislative history, exposition of policy changes across versions, or previous textual versions contained in the Regulation itself. The commencement date, the code prescription date and the recorded repeals/amendments in Schedule 2 are the discrete historical markers visible in the instrument.

The Regulation text contains no judgments, court citations or recorded litigation history. It does not name any cases or indicate judicial interpretation of its provisions. The instrument’s text is silent on any legal challenges, precedent or litigation outcomes.

Consequently, the Regulation’s points of operational uncertainty, such as the meaning of “reasonable steps” for identification and notification (s 13), “reasonable and proportionate” in notices to responsible persons (s 12(1)), the application of the minimum notice period to complex factual scenarios (ss 4 and 9), or the contours of “reasonable cost” for fee-setting (s 21), appear untested within the text itself. Where the Regulation delegates to other instruments (for example the Code of Practice for class 2 items prescribed in s 19(2)), the practical legal meaning of compliance with those instruments will depend on later authority or case law not present in this text.

Users of the Regulation should therefore treat ambiguities in phrases that rely on open textured standards of reasonableness and proportionality as matters that may require interpretation in practice, administrative guidance or judicial clarification. The Regulation builds in many procedural checks and specified steps, but where discretion remains (for example assessing whether movement of an item was “to a place where it is reasonably likely to be found” (s 11)), the absence of litigation history in the instrument means enforcement practices and legal risks may be shaped by later administrative protocols or court decisions not contained in the Regulation.

A number of practical traps and compliance-sensitive details are embedded in the Regulation’s mechanics:

• Multiple and overlapping notice periods: The Regulation defines a “minimum notice period” in s 4 (3 hours for animals and most items; 4 days for certain shopping trolleys owned by small owners). But s 9 and s 19 prescribe other waiting periods depending on the type of taking-of-possession power or the Act provision being invoked (for example, s 9(3)(d) prescribes 7 days for class 1 items, 4 days for class 2 items, and variable days for class 3 items depending on registration and condition). Practitioners must map which statutory provision permits taking possession and then identify which waiting period applies. Failure to observe the correct period will undermine the authorised officer’s power to take possession or to issue penalty notices in some circumstances (see s 22 for scheme operators).

• Time-of-day treatment for notices: Section 4(2) treats any notice given before 7am as given at 7am and any notice given after 8pm as given at 7am the next day. This administrative rule can materially extend the effective waiting period a person faces and is relevant where short minimum periods apply (for example the 3‑hour minimum for animals and non-trolley items). Tactical timing of notice service therefore affects when seizure or penalty steps may lawfully occur.

• Scheme-operator penalty-notice precondition: For class 2 items, an authorised officer cannot issue a penalty notice to a scheme operator under s 39 of the Act unless the officer has given the scheme operator notice, for the minimum notice period, of the item’s location and the officer’s belief it is unattended (s 22). That both creates a procedural bar and imposes an evidentiary obligation to show the notice was given for the minimum period before a penalty is issued.

• Different claimant windows and deductions from proceeds: Authorities may deduct costs and authorised‑officer fees from sale proceeds (s 14(1)), and owners have 3-month (class 1/2) or 6-month (class 3/animals) windows to claim remaining proceeds (s 14(2)). If an owner delays or fails to claim within those windows the authority can keep the remainder (s 14(3)). Practitioners must ensure records (s 18) accurately document costs and proceeds to avoid disputes.

• Vehicle contents treated as unattended with limited identification obligations: Vehicle contents are taken to be unattended (s 16(3)) and can be removed and disposed of (s 16(4)-(5)). The authority is not required to identify and notify the owner of vehicle contents if it reasonably believes the owner of the contents is the same as the vehicle owner and earlier notification has occurred (s 16(6)). That can lead to contents being treated as forfeit without separate owner contact where the authority reasonably treats the vehicle owner as the owner of contents.

• Inter-agency procedural dependencies: Before disposing of a class 3 item an authority must consider any police response to notification and search the PPSR for security interests (s 15(1)(a)-(b)). That requires practical access to PPSR searches and timely police correspondence; delays or failures in inter-agency steps can extend retention periods or create liability risks.

• Broadly phrased discretionary standards: The text uses open standards such as “reasonable steps” (s 13), “reasonable and proportionate” (s 12(1)), and “as soon as practicable” (s 10(2)). These standards leave space for differing interpretations; in the absence of litigation history in the text, authorities should adopt prudentially robust administrative practices to document reason and steps taken.

• Records and evidential detail: Section 18 imposes particular record components, including costs and where proceeds are kept. Poor recordkeeping can jeopardise the authority’s ability to justify deductions or to defend enforcement actions. The Regulation links deduction of sale costs and officer fees (s 14(1)) to the recordkeeping requirements (s 18).

• Code of Practice for class 2 items: The Regulation prescribes a departmental Code of Practice for class 2 items (s 19(2)). Compliance with that Code is a compliance trigger for scheme operators; operators should ensure they follow the specific Code version prescribed on 1 November 2022 or any subsequent version referenced by amendment.

• Exclusions for native animals: Section 5 excludes some native animals from the Act only if they are not ordinarily held in captivity or farmed. Practitioners dealing with animals on public spaces must be able to substantiate whether a particular native animal is “ordinarily held in captivity” or “farmed” to establish whether the Act applies.

These points are practical, text-based traps: they arise from the Regulation’s timing rules, cross-references, discretionary standards, recordkeeping requirements and interactions with police, PPSR and departmental codes. Compliance failures tend to be procedural (notice timing, failure to search registers, inadequate records) rather than substantive rule misunderstandings.

Below is a focused, source-grounded compliance checklist for authorities, authorised officers, scheme operators and owners drawn from the Regulation’s operative provisions.

For authorised officers and authorities

• Map jurisdiction and area of operations: Consult Schedule 2 (s 23) to confirm which authority and area of operations applies to the land in question. Ensure that the officer is appointed by the relevant authority listed.

• Identify the item class and applicable statutory provision: Determine if the item is class 1, class 2 or class 3 (recall a motor vehicle made available to the public is a class 3 item , s 6). Identify which Act provision authorises taking possession; this determines which waiting periods and notice requirements in s 9 or s 19 apply.

• Calculate notice timing precisely: Apply the minimum notice period definition in s 4 and the timing rule in s 4(2) for notices given before 7.00am or after 8.00pm. For class 1/2/3 items, use the waiting periods in s 9(2)-(3) or the longer periods preserved in s 19(1) depending on which Act power is being exercised.

• Give written notice in compliance with s 9: For prescribed taking-of-possession powers, give written notice stating the belief the item is unattended and specify the time and date at which the officer may take possession; ensure the specified time/date is after the end of the relevant notice period and that the officer actually believes the item will be unattended at that time/date (s 9(2)(a)-(d), s 9(3)(b)-(e)). If a responsible person cannot be readily identified, attach the notice to the item (s 9(5)).

• Consider homeless-protocol obligations: Before taking possession of property believed to belong to a homeless person, consider the underlying principles in the Protocol for Homeless People in Public Places and any authority policy adopted to give effect to the Protocol (s 8).

• Preserve condition and notify police for class 3: After taking possession, take reasonable steps to keep the item in the condition it was in at seizure and protect it from damage (s 10(1)). For class 3 items, notify NSW Police as soon as practicable after seizure (s 10(2)).

• When moving but not possessing: If moving an item without taking possession, move it to a place where it is reasonably likely to be found by a responsible person or take reasonable steps to notify the responsible person of the new location (s 11).

• Identification and notification steps: For animals, check for identification or microchips and search registers (s 13(1)(a)); for class 1 items check labels (s 13(1)(b)); for class 2 items check branding (s 13(1)(c)); for class 3 items search vehicle registers and, if necessary, ask NSW Police to enquire about the owner (s 13(1)(d)). Then attempt to contact any identified owner (s 13(2)).

• Pre-disposal for class 3 items: Before disposing of a class 3 item, consider any police response and search the PPSR for security interests, notify secured parties and notify the registered operator unless the operator cannot be identified or has already been reasonably notified (s 15).

• Handle vehicle contents: Treat vehicle contents as unattended; contents may be removed and disposed of like other taken property (s 16). Do not duplicate owner notification of contents where the authority reasonably believes the vehicle owner is the contents’ owner and earlier notification to the registered operator has been done (s 16(6)).

• Deduct costs from sale proceeds and observe claim windows: If disposing by sale, keep records of sale costs and fees (s 18) and deduct costs equal to sale costs and any fee payable for the authorised officer’s exercise of the function (s 14(1)). Make proceeds available to owners for 3 months (class 1/2) or 6 months (class 3/animals) (s 14(2)). If no claim is made within the relevant period, retain the remainder (s 14(3)).

• Recordkeeping: Ensure records of property taken into possession include the cost of taking possession, storing, returning, destroying or disposing of the property; how and to whom property was disposed of; and if sold, the value of proceeds and where those proceeds are kept (s 18).

• Fee-setting considerations: When setting fees for authorised officers’ functions, consider the reasonable cost of the officer exercising the function (s 21(2)). For police officers, the Commissioner of Police must likewise consider reasonable cost (s 21(3)).

For scheme operators (class 2)

• Observe the Code of Practice: The Code of Practice for Class 2 Items,Shopping Trolleys and other Sharing Service Items published 1 November 2022 is prescribed for class 2 items (s 19(2)). Ensure operational policies align with the prescribed Code.

• Receive and respond to notice from authorised officers: An authorised officer must not issue a penalty notice to a scheme operator for liability under s 39 of the Act unless the scheme operator has been given notice, for the minimum notice period, of the item’s location and the officer’s belief it is unattended (s 22). Maintain mechanisms to receive and respond promptly to such notices within minimum notice periods (s 4).

For owners and responsible persons

• Monitor public spaces and respond to notices: A written notice may be given to a responsible person or attached to the item if the officer cannot readily identify a responsible person (s 9(5)). Owners should check contact channels and known locations for notices and be aware of short minimum notice periods for some items (for animals and most items a 3‑hour minimum applies , s 4(1)(b)).

• Record and prove ownership: For vehicles, ensure registration records and relevant disposal documents are available (s 7 notes showing disposal evidence requirements); for animals ensure microchips or identification are current to assist the authority’s identification checks (s 13(1)(a)).

• Claiming sale proceeds: If property is sold, owners have a limited time to claim remaining proceeds after deduction for sale costs and officer fees: 3 months for class 1/2 items; 6 months for class 3 items and animals (s 14(2)). Know where proceeds are kept and follow the authority’s claim process.

Administrative practice and risk management

• Document each step: Because the Regulation uses standards such as “reasonable” and “as soon as practicable”, thoroughly document the steps taken, searches performed (PPSR, vehicle registers, livestock ID systems), police notifications and any responses, and the timing of notices to demonstrate compliance with s 9, s 10 and s 15 where disposal or deduction is later challenged.

• Coordinate with police and register access: Ensure procedural arrangements exist to notify NSW Police for class 3 seizures and to obtain timely police responses and PPSR/vehicle register searches as required by s 10(2) and s 15.

• Liaise with legal/records teams on fees and proceeds: Fee amounts that authorities propose to deduct should be justified in records as reflecting “reasonable cost” (s 21) to avoid disputes under s 14 deduction rules.

Following these steps aligns operational practice with the Regulation’s procedural prescriptions in order to reduce legal and practical risk and to ensure that rights to notification and claim are respected by authorities and authorised officers.