90HWheel clamping agreements

90H Wheel clamping agreements (1) An agreement, whether entered into before or after the commencement of section 4 of the **Road Safety (Wheel Clamping) Act 1996**, is void to the extent to which it authorises, or purports to authorise, a person to do an act in contravention of section 90C or to remove from any land a motor vehicle detained or immobilised in contravention of section 90C. (2) A party to an agreement that is void wholly or partly by reason of subsection (1) is not entitled to recover from the owner or occupier of any land to which the agreement relates or purports to relate or any other person any amount in respect of the provision of services under the void agreement or part agreement and must repay to the person from whom it was received— (a) any amount received before the commencement of section 4 of the **Road Safety (Wheel Clamping) Act 1996** in respect of those services, being services that were to be provided after that commencement; and (b) any amount received after the commencement of section 4 of the **Road Safety (Wheel Clamping) Act 1996** in respect of those services. (3) If a party does not repay an amount required by subsection (2) to be repaid, the person entitled to be repaid may recover the amount from the party as a debt in a court of competent jurisdiction. Pt 7B (Heading and ss 90I–90Q) inserted by No. 55/2013 s. 7.