PUBLIC SPACES (UNATTENDED PROPERTY) ACT 2021 - As at 1 November 2023 - Act 38 of 2021

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of Act

PART 2 - INTERPRETATION AND APPLICATION OF ACT

Division 1 - Definitions

• 4 Definitions

Division 2 - Key concepts

• 5 Meaning of "animal"
• 6 Meaning of "class 1 item"
• 7 Meaning of "class 2 item"
• 8 Meaning of "class 3 item"
• 9 Meaning of "items"
• 10 Meaning of "place of care"
• 11 Meaning of "place of storage"
• 12 When authorised officers have "possession" of property
• 13 Meaning of "property"
• 14 Meaning of "public place"
• 15 Meaning of "responsible persons" for property
• 16 Meaning of "unattended"

Division 3 - Application of Act

• 17 Act to bind Crown

PART 3 - DEALING WITH UNATTENDED PROPERTY

Division 1 - Unattended animals

• 18 Authorised officers may take possession of unattended animals
• 19 Special arrangements for stock animals in emergencies
• 20 Authorised officers may take possession of dogs only in certain areas
• 21 Authorised officers to ensure animals taken to place of care
• 22 Authorised officers may destroy animals taken into possession in certain circumstances

Division 2 - Unattended animals on private land

• 23 Occupier of private land may take possession of unattended animal on land
• 24 Action to be taken after occupier of private land takes possession of animal

Division 3 - Items

• 25 Authorised officers may take possession of items
• 26 Powers of authorised officers in relation to items taken into possession
• 27 Powers of authorised officers in relation to items not taken into possession

Division 4 - Miscellaneous

• 28 Authorised officers may give directions to responsible persons

PART 4 - DEALING WITH PROPERTY TAKEN INTO POSSESSION

• 29 Authority to take reasonable steps to identify and notify owners of property
• 30 Owner can obtain return of property taken possession of
• 31 Items worth less than certain amount may be destroyed
• 32 Property taken possession of may be sold or otherwise disposed of if not claimed
• 33 Records

PART 5 - APPLICATIONS TO CIVIL AND ADMINISTRATIVE TRIBUNAL

• 34 Responsible persons for property may apply to Civil and Administrative Tribunal for administrative review
• 35 Time limit for applications
• 36 Result of application to Civil and Administrative Tribunal

PART 6 - OFFENCES

• 37 Offence of leaving item unattended in public place
• 38 Offence of recklessly or negligently leaving item unattended in certain circumstances
• 39 Responsible person liable for offences involving property
• 40 Offence of causing or permitting animal to trespass
• 41 Offence of unlawfully recovering property
• 42 Offence of failing to recover property as required
• 43 Offence of obstructing authorised officer

PART 7 - ENFORCEMENT AND LEGAL PROCEEDINGS

Division 1 - Authorised officers

• 44 Appointment
• 45 Identification document
• 46 Functions
• 47 Areas in which authorised officers can exercise functions
• 48 Police officers

Division 2 - Legal proceedings

• 49 Penalty notices
• 50 Proceedings are to be heard by Local Court
• 51 Enforcement of court orders
• 52 General right to recover amount
• 53 Recovery of debts arising under this Act
• 54 Joint responsible persons

PART 8 - MISCELLANEOUS

• 55 Fees payable in relation to exercise of functions under this Act
• 56 NSW Police required to provide assistance if asked
• 57 Personal liability
• 58 Effect of sale or disposal of property
• 59 Permit not required to deliver stock to place of care
• 60 Service of documents
• 61 Regulations
• 62 Repeal
• SCHEDULE 1
Schedule 2 (Repealed)
• SCHEDULE 3