New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 651C

651C Unlawful detention of vehicles

(1) A person who takes possession of a vehicle that has been left on premises must not:

(a) fail to release the vehicle on demand to any person having a lawful right to the possession or control of the vehicle, or

(b) demand any payment for or in relation to the release of the vehicle.

Maximum penalty: 20 penalty units.

(2) This section does not give any person a right to take possession of a vehicle if the person does not have that right apart from this section, but does not affect any right to detain a vehicle that a person may have:

(a) under the Impounding Act 1993 or any other Act, or

(b) under a lien, or

(c) under the terms of a court order, or

(d) under the terms of an agreement or arrangement in force with respect to the vehicle.

(3) The remedy at common law of distress damage feasant is abolished to the extent to which it would otherwise be available in relation to a vehicle left on premises.