90CDetention or immobilisation of motor vehicles

90C Detention or immobilisation of motor vehicles (1) A person, not being— S. 90C(1)(a) amended by No. 37/2014 s. 10(Sch. item 147.46). (a) a police officer; or S. 90C(1)(ab) inserted by No. 93/2005 s. 5. (ab) an authorised person under Part 6A; or (b) the sheriff or any other person authorised by law to execute a warrant against the motor vehicle; or (c) a person authorised to do so by or on behalf of the owner or driver of the motor vehicle— must not detain or immobilise (whether by wheel clamps or any other means) a motor vehicle that has been parked or left standing (whether attended or not) on land to which this section applies. (2) This section applies to land other than land that is— (a) a public highway within the meaning of the **Local Government Act 1989**; or S. 90C(2)(b) substituted by No. 24/2005 s. 15(5). (b) a freeway or an arterial road within the meaning of the **Road Management Act 2004**; or (c) a public parking area. S. 90C(3) amended by Nos 74/2010 s. 37(Sch. item 4), 43/2012 s. 3(Sch. item 44.2). (3) Nothing in this section affects the exercise of any power over a motor vehicle that a person may have as the holder of a security interest (within the meaning of the Personal Property Securities Act 2009 of the Commonwealth) in the motor vehicle or under a possessory lien or pledge over the motor vehicle. S. 90D inserted by No. 25/1996 s. 4.