sec.58Unlocking particular motor vehicles

sec.58 Unlocking particular motor vehicles

The holder of an operator accreditation, or an employee of the authorised tow truck business for an operator accreditation, must not unlock— a motor vehicle damaged in an incident, or seized, in a regulated area if the vehicle is at the scene of the incident or place of seizure; or a motor vehicle parked on private property in a regulated area if— the owner of the motor vehicle has not expressly requested or directed the towing of the vehicle from the property; and a private property towing consent, that relates to an arrangement between the holder of the accreditation and the occupier of the property, is in effect for the property; or a motor vehicle in relation to which regulated towing is being carried out under the accreditation; or a motor vehicle in relation to which regulated towing has been carried out if the vehicle is at the location to which it has been towed. Maximum penalty—50 penalty units. A person does not commit an offence against subsection (1) if— the person is the owner of the motor vehicle or the owner’s agent; or the owner of the motor vehicle or the owner’s agent has consented to the person unlocking the vehicle. (sec.58-ssec.1) The holder of an operator accreditation, or an employee of the authorised tow truck business for an operator accreditation, must not unlock— a motor vehicle damaged in an incident, or seized, in a regulated area if the vehicle is at the scene of the incident or place of seizure; or a motor vehicle parked on private property in a regulated area if— the owner of the motor vehicle has not expressly requested or directed the towing of the vehicle from the property; and a private property towing consent, that relates to an arrangement between the holder of the accreditation and the occupier of the property, is in effect for the property; or a motor vehicle in relation to which regulated towing is being carried out under the accreditation; or a motor vehicle in relation to which regulated towing has been carried out if the vehicle is at the location to which it has been towed. Maximum penalty—50 penalty units. (sec.58-ssec.2) A person does not commit an offence against subsection (1) if— the person is the owner of the motor vehicle or the owner’s agent; or the owner of the motor vehicle or the owner’s agent has consented to the person unlocking the vehicle.

• (a) a motor vehicle damaged in an incident, or seized, in a regulated area if the vehicle is at the scene of the incident or place of seizure; or
• (b) a motor vehicle parked on private property in a regulated area if— (i) the owner of the motor vehicle has not expressly requested or directed the towing of the vehicle from the property; and (ii) a private property towing consent, that relates to an arrangement between the holder of the accreditation and the occupier of the property, is in effect for the property; or