Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) In this section:
"immobilised vehicle" means a vehicle that has been rendered incapable, whether or not by the removal of parts, of being moved as a vehicle.
"structure" includes a tent, booth, stall and an immobilised vehicle.
"unleased land" means—
(a) unleased Territory land; or
(b) land occupied by the Territory.
(2) A person shall not—
(a) camp, whether under cover or in the open, on unleased land; or
(b) erect a structure on unleased land; or
(c) occupy or be in a structure on unleased land, other than a structure that belongs to the Territory and is for the time being open to the public;
unless—
(d) that land is land specified in a permit issued under section 8B, the person is the person to whom the permit has been granted or is a person to whom the permit is expressed to apply and the permit is in force; or
(e) that person camps, erects a structure, or occupies or is in a structure, on that land in the performance of his or her duties as a public servant or an officer or employee of a Territory authority or in the discharge of an obligation on his or her part, or on the part of his or her employer, to the Territory or that authority.
Maximum penalty: 5 penalty units.
(3) A person shall not park or leave a vehicle on unleased land that is within an area of unleased land that is declared, in writing, by the Minister to be an area of unleased land to which this subsection applies unless—
(a) that land is specified in a permit issued under section 8B, the person is the person to whom the permit has been issued or a person to whom the permit is expressed to apply and the permit is in force; or
(b) that person parks or leaves the vehicle on a road or road related area, and the parking or leaving does not constitute an offence against any other law in force in the ACT; or
(c) that person parks or leaves the vehicle on that land in the performance of his or her duties as a public servant or an officer or employee of a Territory authority or in the discharge of an obligation on his or her part, or on the part of his or her employer, to the Territory or that authority; or
(d) the parking or the leaving of the vehicle on that land could not have been avoided by any reasonable efforts on the part of that person.
Maximum penalty: 5 penalty units.
(5) If an inspector has requested a person who is in occupation of, or has apparent control of—
(a) a structure that is on unleased land; or
(b) a vehicle that is on unleased land that is within an area of unleased land to which subsection (3) applies;
to remove the structure and all articles in, about, attached to, or apparently being used in connection with, the structure, or to remove the vehicle, to a place that is not unleased land and—
(c) immediate steps are not taken to comply with the request; or
(d) the structure and the articles or the vehicle are not removed within a reasonable time after the making of the request;
an inspector may remove the structure and all articles in, about, attached to, or apparently being used in connection with, the structure, or the vehicle.
(6) If—
(a) a structure is on unleased land and, for not less than 2 hours—
(i) the structure has remained unoccupied; and
(ii) there has been no person in apparent control of the structure; or
(b) a vehicle is on unleased land that is within an area of unleased land to which subsection (3) applies and, for not less than 2 hours, there has been no person in apparent control of the vehicle;
an inspector may remove the structure and all articles in, about, attached to, or apparently being used in connection with, the structure, or the vehicle.
(7) A structure, article or vehicle removed by an inspector under subsection (5) or (6) shall be kept in the custody that the chief police officer directs.
(8) If a structure, article or vehicle is kept in accordance with subsection (7), a person who, apart from that subsection, would be entitled to the custody of the structure, article or vehicle may request the chief police officer to give that article to him or her, and, subject to subsection (9), the chief police officer shall, as soon as practicable, comply with that request.
(9) If a request is made under subsection (8) for the giving to a person of an article kept under subsection (7) and that article is required by the prosecution to be tendered in evidence in proceedings for an offence against this section, the chief police officer shall give to the person making the request written notice to that effect specifying the proceedings in relation to which the article is so required, and may keep that article until the conclusion of the proceedings specified in the notice.
(10) A declaration under subsection (3) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001 .