PART 3 | POWERS TO REMOVE, DETAIN AND DISPOSE |
| Division 1 — General powers |
| Application of this Division |
10.—(1) This Division applies where there is a contravention of rule 3, 4(1)(a), 6 (where the vehicle is a bicycle or personal mobility device) or 9.(2) A contravening item for the purposes of this Division is —| (a) | in the case of a contravention by a relevant person of rule 3, the fixture, structure or thing mentioned in that rule; | | (b) | in the case of a contravention by a relevant person of rule 4(1)(a), the thing mentioned in that rule; | | (c) | in the case of a contravention by a relevant person of rule 6, the vehicle mentioned in that rule; and | | (d) | in the case of a contravention by a relevant person of rule 9, any pipe, wire, device or instrument used to draw, divert or take water, electricity or gas in contravention of that rule. |
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(3) A relevant person for the purposes of this Division is —| (a) | in the case of a contravention of rule 3, the person who contravenes that rule; | | (b) | in the case of a contravention of rule 4(1)(a), the person who contravenes that rule; | | (c) | in the case of a contravention of rule 6, the person who contravenes that rule; and | | (d) | in the case of a contravention of rule 9, the person who contravenes that rule. |
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| (4) In this Division, a reference to the date of service of a notice is a reference to the date that the notice is deemed to be sufficiently served under section 66 of the Act. |
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11.—(1) The Corporation may, by a written notice (called in this Division a removal notice) served on a relevant person, require the relevant person to do the following within the period specified in the removal notice, and the relevant person must comply with the removal notice:| (a) | require the relevant person to remove the contravening item; | | (b) | require the relevant person to repair, in accordance with the conditions specified in the removal notice, any damage caused to any common property because of the contravention or the removal of the contravening item. |
| (2) If the relevant person cannot be found after reasonable inquiry, the Corporation may serve a notice on a person who appears, to the satisfaction of the Corporation, to be the owner or person with lawful possession of the contravening item, and any reference in these Rules to the relevant person is then a reference to the owner or the person, as the case may be. |
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| General power to remove and detain contravening items |
12.—(1) Subject to paragraph (2), the Corporation may at any time remove and detain a contravening item.| (2) After the Corporation serves a removal notice on a relevant person in relation to a contravening item, and the relevant person does not comply with the removal notice within the period specified in the removal notice, the Corporation may remove and detain the contravening item. |
| (3) Where the contravention or removal of the contravening item causes any damage to any common property and the relevant person served with the removal notice does not repair the damage within the period specified in the removal notice, the Corporation may repair such damage. |
(4) The Corporation must, as soon as practicable after removing and detaining a contravening item, serve a written notice on —| (a) | a person who appears, to the satisfaction of the Corporation, to be the owner of the contravening item; or | | (b) | if such a person cannot be found after reasonable inquiry, the person who appears, to the satisfaction of the Corporation, to have had lawful possession of the contravening item. |
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(5) The written notice in paragraph (4) must inform the person served the notice —| (a) | that the contravening item has been removed and where it is being detained; and | | (b) | that the person may claim possession of the contravening item upon payment to the Corporation, within 30 days after the date of service of the notice, of expenses reasonably incurred by the Corporation in removing or detaining the contravening item or repairing any damage to common property caused by the placement, depositing or removal of the contravening item. |
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| (6) Nothing in this rule authorises the Corporation to enter the property of any person within any land vested in the Corporation unless the consent of the owner of the property has been first obtained. |
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13.—(1) If a contravening item is not claimed by the person notified under rule 12(4) within the time delimited by that provision, the Corporation may —| (a) | dispose of the contravening item by public auction or by any other means; and | | (b) | apply the proceeds of the disposal to meet the expenses reasonably incurred by the Corporation under this Division, and pay the balance (if any) of the proceeds to that person. |
(2) If both persons mentioned in rule 12(4) cannot be found after reasonable inquiry, the Corporation may —| (a) | dispose of the contravening item by public auction or by any other means; and | | (b) | retain the proceeds of the disposal. |
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| Division 2 — Powers in relation to vehicles |
| Powers to detain and remove, etc., in relation to vehicles |
14.—(1) Paragraph (2) applies in respect of a vehicle that —| (a) | is parked in contravention of rule 6, other than a bicycle or personal mobility device; or | | (b) | appears to have been abandoned on any common property. |
(2) An officer authorised by the Corporation (called in this rule an authorised officer) may —| (a) | remove the vehicle and detain it at a place of safety or any other suitable place; or | | (b) | immobilise the vehicle by affixing an immobilisation device to the vehicle to prevent the removal of the vehicle without the consent of the authorised officer. |
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| (3) The Corporation must, as soon as practicable after the detention or immobilisation of the vehicle, serve a written notice on the owner of the vehicle as to the procedure by which the owner may secure its release. |
(4) The notice must be served on the owner —| (a) | in the case where the vehicle has been removed and detained, in accordance with section 66 of the Act or, where this is not possible, by posting the notice on a notice board maintained by the Corporation nearest to that part of the common property where the vehicle was removed from; or | | (b) | in the case where the vehicle has been immobilised, by affixing the notice on the windscreen or a conspicuous part of the vehicle. |
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(5) The vehicle must not be released by a person to the owner of the vehicle unless —| (a) | the authorised officer has directed the release of the vehicle to the owner; and | | (b) | the owner has paid all the expenses incurred by the Corporation in removing or detaining the vehicle, immobilising the vehicle, or repairing any damage to common property caused by the placement, depositing or removal of the vehicle. |
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(6) A person must not, without the authorisation of the authorised officer —| (a) | remove or attempt to remove —| (i) | the vehicle from the place at which the vehicle is detained; or | | (ii) | the immobilisation device affixed to the vehicle; or |
| | (b) | remove or tamper with the notice affixed on the vehicle under paragraph (4)(b). |
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| (7) If the owner of the vehicle removed and detained, or immobilised, under paragraph (2) does not claim the vehicle within 30 days after the date of service of the written notice in paragraph (3), the Corporation may, after giving 30 days’ notice in the Gazette of the Corporation’s intention to do so, sell the vehicle by public auction or otherwise dispose of the vehicle in such manner as the Corporation thinks fit. |
(8) The Corporation may —| (a) | apply the proceeds of the sale or disposal of the vehicle to meet the expenses reasonably incurred by the Corporation under this rule; and | | (b) | pay the balance (if any) of the proceeds to the owner of the vehicle. |
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(9) In this rule, “immobilisation device” means a device or an appliance —| (a) | that is designed or adapted to be fixed to a part of a vehicle for the purpose of preventing the vehicle from being driven or otherwise put in motion; and | | (b) | that is of such type approved by the authorised officer for the purposes of this rule. |
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(10) For the purposes of paragraph (7), a reference to the date of service of a written notice is a reference to —| (a) | if the notice is served in accordance with section 66 of the Act, the date that the notice is deemed to be sufficiently served under that section; | | (b) | if the notice is posted on a notice board in accordance with paragraph (4)(a), the date that the notice is so posted; and | | (c) | if the notice is affixed on a vehicle in accordance with paragraph (4)(b), the date that the notice is so affixed. |
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