sec.100Removal of things from roads

### sec.100 Removal of things from roads Subsections (3) to (11) apply if the chief executive officer of a local government considers on reasonable grounds that a vehicle, tram or animal in the local government’s area has been abandoned on a road, other than a busway, by the person who last drove or used it, or that— a vehicle, tram or animal in the local government’s area has been— left on a road unattended whether temporarily or otherwise for a time or in a place, condition, way or circumstances where its presence is hazardous; or found on a road in a place, condition, way or circumstances where its presence is hazardous or in contravention of this Act; and the driver of the vehicle, tram or animal— can not readily be located; or has failed to immediately remove the vehicle, tram or animal when required by the local government to do so. Also see section 51G , which deals with the chief executive’s power to move a vehicle, load or other thing on a road. For subsection (1) , the presence of a vehicle, tram or animal on a road is hazardous if it is causing, or is likely to cause, danger, hindrance or obstruction to traffic or is preventing, hindering or obstructing, or is likely to prevent, hinder or obstruct, the use of the road or a part of the road for a lawful purpose. The local government may remove the vehicle, tram or animal from the road and detain it at a place for safe keeping. As soon as practicable after removal of the vehicle, tram or animal, the chief executive officer of the local government concerned shall cause notice in writing to be given to the owner thereof, if the owner can be ascertained, of such removal and of the place at which the vehicle, tram or animal is then detained. Such notice shall, if practicable, be served upon the owner personally, but if it is not so served within 14 days from the date of such removal it may be given by public advertisement in a newspaper circulating in the locality in which the vehicle, tram or animal was found. If within 1 month from the date of service or advertisement of such notice the owner of the vehicle, tram or animal or a person acting on the owner’s behalf or a person claiming a right to the possession of the vehicle, tram or animal, has not obtained possession of the vehicle, tram or animal in accordance with the provisions of subsection (10) , the chief executive officer of the local government may— by notice published in a newspaper circulating in the locality in which the vehicle, tram or animal was found, advertise that it will offer the vehicle, tram or animal for sale by public auction at the place and time stated in the advertisement; and at the time on the day stated in the advertisement (which day shall be not earlier than 14 days after the date when the advertisement was published) and at the place stated in the advertisement, offer the vehicle, tram or animal for sale by public auction unless the owner thereof or a person acting on the owner’s behalf or a person claiming a right to possession thereof has sooner obtained possession of the vehicle, tram or animal in accordance with the provisions of subsection (10) ; and if no offer for the vehicle, tram or animal is received at such auction—dispose of the same in such manner and on such terms as the chief executive officer of the local government may determine. The proceeds of the sale or disposal of the vehicle, tram or animal shall be applied in the following order— in payment of the expenses of the sale or disposal; in payment of the cost of removal and detention of the vehicle, tram or animal and the service and advertisement of any notice served or advertised under subsection (5) ; if there is an amount owing to an entity under a security interest registered for the vehicle, tram or animal under the Personal Property Securities Act 2009 (Cwlth) —the amount owing under the security interest; in payment of the balance of such proceeds to the owner of the vehicle, tram or animal or, if after reasonable inquiry, the owner can not be ascertained, into the general fund of the local government. A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (7) (a) or (b) . The local government may deal with any goods, equipment or thing contained in, on or about the vehicle, tram or animal at the time of its removal in the same manner as it may deal with the vehicle, tram or animal pursuant to this section. However, any perishable goods in or on the vehicle, tram or animal at the time of its removal may be disposed of in the way the chief executive officer of the local government concerned shall direct and the proceeds (if any) of such disposal shall be applied in accordance with the provisions of subsection (7) . The chief executive officer of the local government must not deliver possession of the vehicle, tram or animal to the owner thereof, or to another person acting on the owner’s behalf, or to any other person claiming a right to the possession thereof unless the following provisions have been complied with— the owner, or person acting on the owner’s behalf, or other person claiming a right to possession of the vehicle, tram or animal shall have applied in writing signed by the applicant to the chief executive officer of the local government concerned for the release from such detention of the vehicle, tram or animal; the applicant shall have furnished proof to the satisfaction of the chief executive officer of the applicant’s ownership or of the applicant’s right to possession of the vehicle, tram or animal and, in the case of the applicant’s being a person acting on behalf of the owner, shall have furnished proof to the satisfaction of the chief executive officer of the applicant’s authority to act on behalf of such owner; the applicant shall have paid all expenses incurred by the local government concerned in connection with the removal and detention of the vehicle, tram or animal and the service, or advertisement, of any notice served or advertised in relation to such removal and detention or intended sale of the vehicle, tram or animal; the applicant has signed a receipt for the delivery of the vehicle, tram or animal to the applicant. Any person who takes delivery, or obtains possession of or removes or attempts to remove from the detention of a local government a vehicle, tram or animal removed and detained pursuant to the provisions of subsection (3) except in accordance with the provisions of subsection (10) shall be guilty of an offence. Maximum penalty—40 penalty units or 6 months imprisonment. Under a local law, a local government may provide for the removal, safe storage or disposal of a vehicle, tram or animal in the local government’s area that a person authorised under the local law considers on reasonable grounds— has been abandoned on a road, other than a busway; or has been left as described in subsection (1) (a) (i) ; or has been found as described in subsection (1) (a) (ii) . If a local law provides for a matter mentioned in subsection (12) , subsections (3) to (11) no longer apply in the local government’s area. Subsections (3) to (11) in their application in the local government’s area are not revived by the repeal of the local law. This section, or a local law mentioned in subsection (12) , does not apply if an officer of a local government removes a vehicle, load or other thing from a road under chapter 3 , part 4C , under a delegation from the chief executive. In this section— secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 . vehicle includes any part of a vehicle. s 100 (prev 1949 13 Geo 6 No. 26 s 44) amd 1961 10 Eliz 2 No. 27 s 21; 1965 No. 26 s 21 ; 1994 No. 7 s 13 ; 1997 No. 66 s 24 ; 1998 No. 43 s 4 ; 1999 No. 42 s 54 (1) sch amdt 100 reloc 1999 No. 42 s 54 (1) sch amdt 101 amd 2000 No. 5 s 461 sch 3 ; 2001 No. 79 s 100 ; 2007 No. 36 s 2 sch ; 2007 No. 43 s 33 sch ; 2008 No. 67 s 198 ; 2010 No. 44 s 227 ; 2014 No. 43 s 117 sch 1 (sec.100-ssec.1) Subsections (3) to (11) apply if the chief executive officer of a local government considers on reasonable grounds that a vehicle, tram or animal in the local government’s area has been abandoned on a road, other than a busway, by the person who last drove or used it, or that— a vehicle, tram or animal in the local government’s area has been— left on a road unattended whether temporarily or otherwise for a time or in a place, condition, way or circumstances where its presence is hazardous; or found on a road in a place, condition, way or circumstances where its presence is hazardous or in contravention of this Act; and the driver of the vehicle, tram or animal— can not readily be located; or has failed to immediately remove the vehicle, tram or animal when required by the local government to do so. Also see section 51G , which deals with the chief executive’s power to move a vehicle, load or other thing on a road. (sec.100-ssec.2) For subsection (1) , the presence of a vehicle, tram or animal on a road is hazardous if it is causing, or is likely to cause, danger, hindrance or obstruction to traffic or is preventing, hindering or obstructing, or is likely to prevent, hinder or obstruct, the use of the road or a part of the road for a lawful purpose. (sec.100-ssec.3) The local government may remove the vehicle, tram or animal from the road and detain it at a place for safe keeping. (sec.100-ssec.4) As soon as practicable after removal of the vehicle, tram or animal, the chief executive officer of the local government concerned shall cause notice in writing to be given to the owner thereof, if the owner can be ascertained, of such removal and of the place at which the vehicle, tram or animal is then detained. (sec.100-ssec.5) Such notice shall, if practicable, be served upon the owner personally, but if it is not so served within 14 days from the date of such removal it may be given by public advertisement in a newspaper circulating in the locality in which the vehicle, tram or animal was found. (sec.100-ssec.6) If within 1 month from the date of service or advertisement of such notice the owner of the vehicle, tram or animal or a person acting on the owner’s behalf or a person claiming a right to the possession of the vehicle, tram or animal, has not obtained possession of the vehicle, tram or animal in accordance with the provisions of subsection (10) , the chief executive officer of the local government may— by notice published in a newspaper circulating in the locality in which the vehicle, tram or animal was found, advertise that it will offer the vehicle, tram or animal for sale by public auction at the place and time stated in the advertisement; and at the time on the day stated in the advertisement (which day shall be not earlier than 14 days after the date when the advertisement was published) and at the place stated in the advertisement, offer the vehicle, tram or animal for sale by public auction unless the owner thereof or a person acting on the owner’s behalf or a person claiming a right to possession thereof has sooner obtained possession of the vehicle, tram or animal in accordance with the provisions of subsection (10) ; and if no offer for the vehicle, tram or animal is received at such auction—dispose of the same in such manner and on such terms as the chief executive officer of the local government may determine. (sec.100-ssec.7) The proceeds of the sale or disposal of the vehicle, tram or animal shall be applied in the following order— in payment of the expenses of the sale or disposal; in payment of the cost of removal and detention of the vehicle, tram or animal and the service and advertisement of any notice served or advertised under subsection (5) ; if there is an amount owing to an entity under a security interest registered for the vehicle, tram or animal under the Personal Property Securities Act 2009 (Cwlth) —the amount owing under the security interest; in payment of the balance of such proceeds to the owner of the vehicle, tram or animal or, if after reasonable inquiry, the owner can not be ascertained, into the general fund of the local government. (sec.100-ssec.7A) A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (7) (a) or (b) . (sec.100-ssec.8) The local government may deal with any goods, equipment or thing contained in, on or about the vehicle, tram or animal at the time of its removal in the same manner as it may deal with the vehicle, tram or animal pursuant to this section. (sec.100-ssec.9) However, any perishable goods in or on the vehicle, tram or animal at the time of its removal may be disposed of in the way the chief executive officer of the local government concerned shall direct and the proceeds (if any) of such disposal shall be applied in accordance with the provisions of subsection (7) . (sec.100-ssec.10) The chief executive officer of the local government must not deliver possession of the vehicle, tram or animal to the owner thereof, or to another person acting on the owner’s behalf, or to any other person claiming a right to the possession thereof unless the following provisions have been complied with— the owner, or person acting on the owner’s behalf, or other person claiming a right to possession of the vehicle, tram or animal shall have applied in writing signed by the applicant to the chief executive officer of the local government concerned for the release from such detention of the vehicle, tram or animal; the applicant shall have furnished proof to the satisfaction of the chief executive officer of the applicant’s ownership or of the applicant’s right to possession of the vehicle, tram or animal and, in the case of the applicant’s being a person acting on behalf of the owner, shall have furnished proof to the satisfaction of the chief executive officer of the applicant’s authority to act on behalf of such owner; the applicant shall have paid all expenses incurred by the local government concerned in connection with the removal and detention of the vehicle, tram or animal and the service, or advertisement, of any notice served or advertised in relation to such removal and detention or intended sale of the vehicle, tram or animal; the applicant has signed a receipt for the delivery of the vehicle, tram or animal to the applicant. (sec.100-ssec.11) Any person who takes delivery, or obtains possession of or removes or attempts to remove from the detention of a local government a vehicle, tram or animal removed and detained pursuant to the provisions of subsection (3) except in accordance with the provisions of subsection (10) shall be guilty of an offence. Maximum penalty—40 penalty units or 6 months imprisonment. (sec.100-ssec.12) Under a local law, a local government may provide for the removal, safe storage or disposal of a vehicle, tram or animal in the local government’s area that a person authorised under the local law considers on reasonable grounds— has been abandoned on a road, other than a busway; or has been left as described in subsection (1) (a) (i) ; or has been found as described in subsection (1) (a) (ii) . (sec.100-ssec.13) If a local law provides for a matter mentioned in subsection (12) , subsections (3) to (11) no longer apply in the local government’s area. (sec.100-ssec.14) Subsections (3) to (11) in their application in the local government’s area are not revived by the repeal of the local law. (sec.100-ssec.14A) This section, or a local law mentioned in subsection (12) , does not apply if an officer of a local government removes a vehicle, load or other thing from a road under chapter 3 , part 4C , under a delegation from the chief executive. (sec.100-ssec.15) In this section— secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 . vehicle includes any part of a vehicle. - (a) a vehicle, tram or animal in the local government’s area has been— (i) left on a road unattended whether temporarily or otherwise for a time or in a place, condition, way or circumstances where its presence is hazardous; or (ii) found on a road in a place, condition, way or circumstances where its presence is hazardous or in contravention of this Act; and - (i) left on a road unattended whether temporarily or otherwise for a time or in a place, condition, way or circumstances where its presence is hazardous; or - (ii) found on a road in a place, condition, way or circumstances where its presence is hazardous or in contravention of this Act; and - (b) the driver of the vehicle, tram or animal— (i) can not readily be located; or (ii) has failed to immediately remove the vehicle, tram or animal when required by the local government to do so. - (i) can not readily be located; or - (ii) has failed to immediately remove the vehicle, tram or animal when required by the local government to do so. - (i) left on a road unattended whether temporarily or otherwise for a time or in a place, condition, way or circumstances where its presence is hazardous; or - (ii) found on a road in a place, condition, way or circumstances where its presence is hazardous or in contravention of this Act; and - (i) can not readily be located; or - (ii) has failed to immediately remove the vehicle, tram or animal when required by the local government to do so. - (a) by notice published in a newspaper circulating in the locality in which the vehicle, tram or animal was found, advertise that it will offer the vehicle, tram or animal for sale by public auction at the place and time stated in the advertisement; and - (b) at the time on the day stated in the advertisement (which day shall be not earlier than 14 days after the date when the advertisement was published) and at the place stated in the advertisement, offer the vehicle, tram or animal for sale by public auction unless the owner thereof or a person acting on the owner’s behalf or a person claiming a right to possession thereof has sooner obtained possession of the vehicle, tram or animal in accordance with the provisions of subsection (10) ; and - (c) if no offer for the vehicle, tram or animal is received at such auction—dispose of the same in such manner and on such terms as the chief executive officer of the local government may determine. - (a) in payment of the expenses of the sale or disposal; - (b) in payment of the cost of removal and detention of the vehicle, tram or animal and the service and advertisement of any notice served or advertised under subsection (5) ; - (c) if there is an amount owing to an entity under a security interest registered for the vehicle, tram or animal under the Personal Property Securities Act 2009 (Cwlth) —the amount owing under the security interest; - (d) in payment of the balance of such proceeds to the owner of the vehicle, tram or animal or, if after reasonable inquiry, the owner can not be ascertained, into the general fund of the local government. - (a) the owner, or person acting on the owner’s behalf, or other person claiming a right to possession of the vehicle, tram or animal shall have applied in writing signed by the applicant to the chief executive officer of the local government concerned for the release from such detention of the vehicle, tram or animal; - (b) the applicant shall have furnished proof to the satisfaction of the chief executive officer of the applicant’s ownership or of the applicant’s right to possession of the vehicle, tram or animal and, in the case of the applicant’s being a person acting on behalf of the owner, shall have furnished proof to the satisfaction of the chief executive officer of the applicant’s authority to act on behalf of such owner; - (c) the applicant shall have paid all expenses incurred by the local government concerned in connection with the removal and detention of the vehicle, tram or animal and the service, or advertisement, of any notice served or advertised in relation to such removal and detention or intended sale of the vehicle, tram or animal; - (d) the applicant has signed a receipt for the delivery of the vehicle, tram or animal to the applicant. - (a) has been abandoned on a road, other than a busway; or - (b) has been left as described in subsection (1) (a) (i) ; or - (c) has been found as described in subsection (1) (a) (ii) .