QLDIn ForceRegulation
South Bank Corporation By-law 2014
sec.8Removal and holding of illegally parked vehicles
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### sec.8 Removal and holding of illegally parked vehicles
This section applies if a security officer, authorised person or police officer—
believes on reasonable grounds that—
a vehicle has been parked in contravention of part 3 ; and
it is necessary to remove the vehicle, having regard to the safety or convenience of traffic on the site; and
either—
can not immediately locate the driver of the vehicle; or
believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.
The security officer, authorised person or police officer may seize, remove and hold the vehicle or cause the vehicle to be seized, removed and held.
The vehicle must be held at a safe place.
As soon as practicable and no later than 14 days after the vehicle is seized, the corporation must give a written notice to the owner of the vehicle.
However, if within 14 days after the vehicle is seized the owner can not be identified or located, the corporation must give the notice to the owner by publishing it in a newspaper circulating generally in the State.
The notice must state—
where the vehicle is being held; and
how the owner may recover the vehicle.
If the vehicle was parked in contravention of part 3 , the owner must pay to the corporation the reasonable cost of seizing, removing, holding and returning the vehicle.
(sec.8-ssec.1) This section applies if a security officer, authorised person or police officer— believes on reasonable grounds that— a vehicle has been parked in contravention of part 3 ; and it is necessary to remove the vehicle, having regard to the safety or convenience of traffic on the site; and either— can not immediately locate the driver of the vehicle; or believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.
(sec.8-ssec.2) The security officer, authorised person or police officer may seize, remove and hold the vehicle or cause the vehicle to be seized, removed and held.
(sec.8-ssec.3) The vehicle must be held at a safe place.
(sec.8-ssec.4) As soon as practicable and no later than 14 days after the vehicle is seized, the corporation must give a written notice to the owner of the vehicle.
(sec.8-ssec.5) However, if within 14 days after the vehicle is seized the owner can not be identified or located, the corporation must give the notice to the owner by publishing it in a newspaper circulating generally in the State.
(sec.8-ssec.6) The notice must state— where the vehicle is being held; and how the owner may recover the vehicle.
(sec.8-ssec.7) If the vehicle was parked in contravention of part 3 , the owner must pay to the corporation the reasonable cost of seizing, removing, holding and returning the vehicle.
- (a) believes on reasonable grounds that— (i) a vehicle has been parked in contravention of part 3 ; and (ii) it is necessary to remove the vehicle, having regard to the safety or convenience of traffic on the site; and
- (i) a vehicle has been parked in contravention of part 3 ; and
- (ii) it is necessary to remove the vehicle, having regard to the safety or convenience of traffic on the site; and
- (b) either— (i) can not immediately locate the driver of the vehicle; or (ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.
- (i) can not immediately locate the driver of the vehicle; or
- (ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.
- (i) a vehicle has been parked in contravention of part 3 ; and
- (ii) it is necessary to remove the vehicle, having regard to the safety or convenience of traffic on the site; and
- (i) can not immediately locate the driver of the vehicle; or
- (ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.
- (a) where the vehicle is being held; and
- (b) how the owner may recover the vehicle.