New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 681A

681A Confiscation of recreational equipment

(1) This section applies to:

(a) any item of skating equipment that is being used in contravention of the provisions of a notice referred to in section 632 or of the provisions of section 633A, or

(b) any item of water-based recreational equipment that is being used in contravention of the provisions of a notice referred to in section 633.

(2) An authorised person may take possession of equipment to which this section applies:

(a) if the authorised person has directed the person using the equipment to stop using it in contravention of the provisions referred to in subsection (1), and

(b) if, despite the direction, the person has continued to use the equipment in contravention of those provisions,

but may not use force to do so.

(3) Equipment that an authorised person takes possession of under this section is referred to in this section as "confiscated equipment".

(4) On taking possession of confiscated equipment, the authorised person must give a receipt to the person from whom it has been taken, indicating the nature of the equipment and the date and time when the authorised person took possession of it.

(5) The confiscated equipment:

(a) must be returned to the person from whom it was taken, or be delivered to a public pound within the meaning of the Impounding Act 1993 , within 24 hours after possession of it is taken, and

(b) if it is delivered to a public pound, the person from whom it was taken must be notified in writing of the address of the pound.

(6) The Impounding Act 1993 (sections 20 and 23 (2) (b) and (c) excepted) applies to confiscated equipment that is delivered to a public pound as if the equipment had been impounded under that Act. Accordingly, it will become returnable on demand.

(7) The deadline for release for confiscated equipment, as referred to in section 24 of the Impounding Act 1993 , is taken to be 28 days from the day on which possession of it was taken.

(8) In this section, a reference to an authorised person extends to a member of a surf life saving organisation who is authorised by the council concerned to exercise the functions conferred on an authorised person by this section, but so extends only with respect to an item of water-based recreational equipment that is being used in contravention of the provisions of a notice referred to in section 633.

(9) A council is liable for the acts and omissions of a member of a surf life saving organisation who is an authorised person by virtue of subsection (8) as if the member were an employee of the council.