Road Obstructions (Special Provisions) Revival and Amendment Act 1979 (NSW)

ROAD OBSTRUCTIONS (SPECIAL PROVISIONS) REVIVAL AND AMENDMENT ACT, 1979, No. 144

iSetu ^outt) OTalesi

ANNO VICESIMO OCTAVO

ELIZABETHiE II REGINA

Act No. 144, 1979.

An Act to revive and amend the Road Obstructions (Special

Provisions) Act, 1979. [Assented to, 28th November, 1979.J

Act No. 144, 1979.

Road Obstructions {Special Provisions) Revival and Amendment.

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

Short title. 1. This Act may be cited as the “Road Obstructions (Special

Provisions) Revival and Amendment Act, 1979”.

Operation 2. ( 1 ) This Act has effect only during any period specified in

of Act. ajj order in force under subsection (2 ).

(2) The Governor, by order published in the Gazette, may,

from time to time, declare that this Act shall have effect for such period, not exceeding 3 months, as is specified in the order, being a period commencing on the date of publication of the order or such later date as is specified therein.

Revival of 3. Subject to section 4, the Road Obstructions (Special

1979^° Provisions) Act, 1979, is revived and is of full force and effect.

Amendment 4. The Road Obstructions (Special Provisions) Act, 1979, is

9^1979 °̂ amended in the manner set forth in Schedule 1.

Act No. 144, 1979.

Road Obstructions (Special Provisions) Revival and Amendment.

SCHEDULE 1. Sec. 4.

A m e n d m e n t o f t h e R oad O b st r u c t io n s (S p e c ia l P r o v isio n s)

A c t , 1979.

(1) Section 3 (1), definition of “authorised officer”—

Omit the definition, insert instead : —

“authorised officer” means a member of the police force who is of or above the rank of sergeant or who is for the time being in charge of a police station;

(2) (a) Section 4 ( 1 ) —

Omit “unreasonably obstructing”, insert instead “on a public road and ought to be moved in order to prevent it obstructing or continuing to obstruct”.

(b) Section 4 ( 1 ) —

After “Schedule 1 ”, insert “containing such directions relating to the movement of the vehicle within such time as the Commissioner or authorised officer, as the case may be, thinks fit”.

(c) Section 4 (2) (a), (b) —

Omit the paragraphs, insert instead :—

(a)	the person who last drove the motor vehicle before the notice was affixed to it shall forthwith move the vehicle in accordance with the directions contained, and within the time specified, in the notice; and
(b)	the person shall not, before the directions contained in the notice have been complied with, do anything to render the motor vehicle immobile.

67880G-50

Act No. 144, 1979.

Road Obstructions (Special Provisions) Revival and Amendment.

SCHEDULE 1—continued.

A m e n d m e n t	o f	t h e	R oad	O b s t r u c t io n s	(S p e c ia l	P r o v isio n s)
A c t ,	1 9 7 9—continued.

(d) Section 4 (7)—

After section 4 (6), insert :—

(7) An offence referred to in subsection (3) is

an offence of absolute liability.

(3) Section 5 (1)-

Omit “, within 2 hours after the notice is affixed to it, moved to a place where, in the opinion of the Commis­ sioner or an authorised officer, it is no longer unreasonably obstructing a public road”, insert instead “moved in accordance with the directions contained, and within the time specified, in the notice”.

(4) Schedule 1—

Omit

This motor vehicle is unreasonably obstructing a public road.

The person who last drove this motor vehicle—

(a) must, within 2 hours, move it to a place where it is no longer unreasonably obstructing a public road; and

(b) must not render the motor vehicle immobile.

Act No. 144, 1979.

Road Obstructions {Special Provisions) Revival and Amendment.

SCHEDULE 1—continued.

A m e n d m e n t o f t h e R oad O b st r u c t io n s (S p e c ia l P r o v isio n s)

A c t , 1979— continued.

insert instead :—

The person who last drove this motor vehicle—

(a) must forthwith move it in accordance with the following directions :—

* Here

insert direc­

tions for

the move­

ment of

the motor

vehicle.

(b) must not render the motor vehicle immobile.