Protection of Lands (Amendment) Act 1976 (ACT)

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No. 73 of 1976

AN ORDINANCE

To amend the Protection of Lands Ordinance 1937.

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated this twenty-third day of December, 1976.

JOHN R. KERR Governor-General.

By His Excellency's Command,

A. A. STALEY

Minister of State for the Capital Territory.

PROTECTION OF LANDS (AMENDMENT) ORDINANCE 1976

1. This Ordinance may be cited as the Protection of Lands

(Amendment) Ordinance 1976.*

2. In this Ordinance, " Principal Ordinance " means the Protection

of Lands Ordinance 1937.f

3.   Section 2 of the Principal Ordinance is amended—

(a)

by inserting after the definition of "lands" the following definitions:—

25144/79-28
" ' Motor Traffic Ordinance ' means the Motor Traffic

Ordinance 1936;

' off-street parking area ' has the same meaning as in the

Motor Traffic Ordinance;";

(b)

by omitting the definition of" public street " and substituting the following definition:—

" ' public street ' has the same meaning as in the Motor

Traffic Ordinance;"; and

(c) by adding at the end thereof the following definition:—

" ' vehicle ' has the same meaning as in the Motor Traffic

Ordinance.".

* Notified in the Australian Government Gazette on 30 December 1976.

Ordinance N o . 33, 1937 as amended by N o . 4, 1944; N o . 21, 1959; N o . 19, 1966; and N o . 8, 1976.

4. Section 7 of the Principal Ordinance is amended by adding at

the end thereof the following sub-section:—

" (2) A person who, in pursuance of a permit in force under the Roads and Public Places Ordinance 1937, places an object in, over or across a public place does not, by reason of so placing the object, commit an offence against sub-section (1).".

5.  Section 10 of the Principal Ordinance is amended—

(a)

by omitting paragraph (l)(c) and substituting the following paragraph:—

" (c) any other unleased land."; and

(b)

by omitting sub-section (2) and substituting the following sub-section:—

" (2) Sub-section (1) does not apply to or in relation

to—

(a)

a substance, material or thing that is on the land with the authority of the Minister or an authorized officer or by virtue of any other law of the Territory;

(b)

an object that was placed on the land in pursuance of a permit in force under the Roads and Public Places Ordinance 1937; or

(c) a vehicle that is parked—

(i) on the carriageway of a public street; or
(ii) in an off-street parking area,

unless the Minister or authorized officer has reason­ able grounds for believing that the vehicle has been abandoned.".

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