by
locking in an upright position, a moveable steel post (commonly called a
"parking sentinel" ) that is secured to the ground at the entrance of a
parking space where the vehicle is parked or stopped
Penalty—
Maximum penalty—40 penalty units or 6 months imprisonment.
(1A) For
subsection (1) (c) , the owner’s consent must be given expressly.
(2)
Subsection (1) does not apply to a police officer exercising the officer’s
powers or performing the officer’s functions, or a person acting under a
lawful direction of a police officer.
(3) Subsection (1) (c) does not apply
to the sheriff or another person authorised by law to execute a warrant of
execution against the vehicle.
(3A) Subsection (1) (c) does not apply to an
enforcement officer under the State Penalties Enforcement Act 1999who is
enforcing an immobilisation warrant under that Act.
(4) This section does not
limit the exercise of a power over a vehicle that a person may have as the
holder of a security interest in the vehicle.
(5) The common law remedy of
distress damage feasant in relation to trespass on land by a vehicle is
abolished to the extent that it is inconsistent with subsection (1) (c) .
(6)
However, subsection (5) does not limit a right a person may have to remove, or
cause to be removed, from land a vehicle parked or stopped on the land.
(7)
Subsection (6) does not apply to a person who has detained a vehicle in
contravention of subsection (1) (c) .
