Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
12E Removal of abandoned vehicles from public places
(1) This section applies if a roads and public places officer suspects, on reasonable grounds, that a vehicle in a public place has been abandoned.
Examples of grounds that might indicate vehicle is abandoned
1 the vehicle's registration has expired
2 the vehicle is in a state of disrepair
3 the general appearance of the vehicle, including any build-up of dust or debris
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) The vehicle may be removed and placed in a retention area.
(3) However, if the vehicle is a vehicle for which there is a registered operator, the vehicle may be removed and placed in a retention area only if a roads and public places officer has given a registered operator a written notice under subsection (4) and the vehicle has not been removed within 2 days after the day the person was given the notice.
(4) The notice must require the person—
(a) if the person is an owner of the vehicle—to remove the vehicle within 2 days after the day the notice is given to the person; or
(b) if the person is not an owner of the vehicle—to tell a roads and public places officer, within 7 days after the day the person is given the notice—
(i) that the person is not an owner of the vehicle; and
(ii) the name and address of anyone that the person believes is an owner of the vehicle.
(5) The notice must include information about how the person may contact a roads and public places officer, including, for example, a telephone number.
(6) In this section:
"owner", of a vehicle, includes anyone who has a legal right to move the vehicle.
"registered operator"—see the Road Transport (Vehicle Registration) Act 1999 , dictionary.
12F Failure to provide information about abandoned vehicles
(1) A person commits an offence if—
(a) the person is the registered operator of a vehicle; and
(b) the person is given a notice under section 12E (3) in relation to the vehicle; and
(c) the person is not an owner of the vehicle; and
(d) the person fails to tell a roads and public places officer, within 7 days after the day the notice is given to the person—
(i) that the person is not an owner of the vehicle; and
(ii) the name and address of anyone the person believes is an owner of the vehicle.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) In this section:
"owner", of a vehicle—see section 12E (6).
registered operator —see section 12E (6).