Local Government Act 1993 Local Government (General) Amendment (Parking and Wheel Clamping) Regulation 1998 (1998-505) [GG No 126 of 28.8.1998, p 6812] (NSW)

New South Wales

under the

Local Government Act 1993

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Local Government Act 1993.

ERNIE PAGE, M.P.,
Minister for Local Government

Explanatory note

The Local Government Amendment (Parking and Wheel Clamping) Act 1998 amends the Local Government Act 1993 so as to make i t an offence in certain circumstances:

to immobilise a vehicle owned by another person by means of wheel

clamps or any other prescribed device, or

to fail to release a vehicle on demand to any person having a lawful

right to the possession or control of the vehicle or demand payment for

or in relation to the release of a vehicle.

objects of this Regulation are:

to introduce an "on the spot fine" of $300 for those offences, and

the short descriptions that may be used to describe those offences in

to specify, in accordance with section 145B of the Justices Act 1902,

any information, complaint, summons, warrant, notice. order or other
document.

This Regulation is made under the Local Government Act 1993, including section 748 (the general regulation-making power) and section 679 (penalty notices for certain offences), and in accordance with section 145B of the

Justices Act 1902.

Published in Gazette No 126 of 28 August 1998, page 6812 Page 1

Clause 1 Local Government (General) Amendment (Parking and Wheel Clamping) Regulation 1998

ame of Regulation

This Regulation is the Local Government (General) Amendment

(Parking and Wheel Clamping) Regulation 1998.

2 Commencement

This Regulation commences on 29 August 1998.

1. Amendment of Local Government (General) Regulation 1993

   The Local Government (General) Regulation 1993 is amended as set out in Schedule 1 .

4 Notes

The explanatory note does not form part of this Regulation.

Local Government (General) Amendment (Parking and Wheel Clamping) Regulation 1998

Amendments Schedule 1

(C lause 3 )

Schedule 1 Penalty notice offences and short descriptions

Insert in appropriate order in columns 1 , 2 and 3 of Schedule 1 :

Section 65 1B (1)—immobilise a	immobilise vehicle by means	$300
vehicle owned by another	of wheel clamps/prescribed
person by means of wheel	device
clamps, or a prescribed device, except with the consent of the owner
Section 651C ( 1 ) (a)—fail to	fail to release vehicle on	$300
release a vehicle on demand to	demand
any person having a lawful right to the possession or control of the vehicle
Section 65 1C (1) (b)—demand	demand payment for release of	$300
payment for or in relation to	vehicle
the release of a vehicle