Impounding (General) Regulation 1998 (NSW)

1Name of Regulation

This Regulation is the Impounding (General) Regulation 1998.

2Commencement

This Regulation commences on 1 September 1998.

3Definitions

In this Regulation:

the Act means the Impounding Act 1993.

4Notes

The explanatory note and table of contents do not form part of this Regulation.

5Impounding authorities

For the purposes of the definition of impounding authority in the Dictionary to the Act, the authorities specified in the Table to this clause are prescribed as impounding authorities for the place or classes of places so specified.

Table

Authority	Place or classes of place
Authority	Place or classes of place
Bicentennial Park Trust	All land vested in the Trust
Parramatta Park Trust	All land vested in the Trust
Parramatta Stadium Trust	All land vested in the Trust
Royal Botanic Gardens and Domain Trust	All land vested in the Trust
State Sports Centre Trust	All land vested in the Trust
State Transit Authority	All places in NSW that are under the control of the Authority

6Penalty notice offences: section 36

For the purposes of section 36 of the Act:

• (a)

  each offence created by a provision specified in Column 1 of Schedule 1 is a prescribed offence, and

• (b)

  the prescribed penalty for such an offence is the amount specified in Column 3 of Schedule 1.

7Short descriptions(1)

For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 1 is:

• (a)

  the expression specified in Column 2 of that Schedule, or

• (b)

  if a choice of words is indicated in that expression, the words remaining after the omission of the words irrelevant to the offence.

(2)

For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 1, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.

(3)

The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.

(4)

Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.

8Repeal

The Impounding (General) Regulation 1993 is repealed.

Schedule 1Penalty notice offences

(Clauses 6 and 7)

Column 1	Column 2	Column 3
Section 32 (1)	abandon article in public place	$110.00
Section 32 (1)	abandon motor vehicle in public place	$220.00
Section 32 (2)	leave animal unattended in public place	$220.00