2018
2018
2018-12-01
act
government
publicspecial
act.reprint
allinforce
2018-09-19
2018-09-19
0
2018-12-01
act-1987-015
2018
none
act-2018-051
aae7d573-1e8a-4b5a-a6c8-dca244f8273a
64f82bc1-b395-4c22-8be5-eaa43c84f7df
Repeal:
This Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 1.12.2018.
An Act to amend the Impounding Act 1993 and the regulation
under that Act with respect to the impounding of bicycles and other devices
that are part of a sharing service.
1Name of
Act
This Act is the Impounding
Amendment (Shared Bicycles and Other Devices) Act
2018.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
Schedule 1Amendment of Impounding Act 1993 No
31
[1]Part 2, Division
5
Insert after Division 4 of Part 2:
Division 5Additional powers in relation
to shared devices
19APreliminary
This Division confers additional powers on
impounding officers in respect of shared devices, and does not limit a power
to impound an article that is a shared device under any other provision of
this Act.
19BDefinitions
(1)
In this Division:
code of
practice means a code of practice prescribed by the
regulations under this Division.
device means:
(a)
a bicycle, or
(b)
any other thing used for transporting persons
that is prescribed by the regulations as a device for the purposes of this
Act.
leave a shared device includes park
a shared device.
operator of a sharing service means
a person who carries on the business of providing the sharing
service.
shared
device means any device that is provided for hire under a
sharing service.
sharing
service—see section 19C.
user means a person who hires a
shared device under a sharing service.
(2)
In this Division, a power to impound or move a
shared device includes a power to unlock the device.
19CSharing
service—meaning
(1)
In this Division, sharing
service means an arrangement (including an arrangement in
writing or one established through a smartphone application) under
which:
(a)
devices are provided for hire (whether or not a
fee is payable), and
(b)
the devices are self-locking, or access to the
devices is otherwise able to be limited, including remotely,
and
(c)
the devices are not hired from the premises of
the operator of the sharing service or from a fixed docking station,
and
(d)
the devices are not required to be returned
to:
(i)
the operator, or
(ii)
the premises from which they were picked up,
or
(iii)
a fixed docking station, or
(iv)
other specific premises,
and
(e)
any other features prescribed by the regulations
exist.
(2)
The regulations may:
(a)
declare any arrangement or type of arrangement
made in connection with a device to be within the definition of sharing
service for the purposes of this Division,
or
(b)
exclude any arrangement or type of arrangement
made in connection with a device from that definition of sharing
service.
(3)
A provision of this Act, the regulations or a
code of practice that requires a shared device to be left in a particular
place, or prohibits a shared device from being left in a particular place, is
to be disregarded for the purpose of determining whether an arrangement is a
sharing service.
19DImpounding shared devices that
are causing an obstruction or safety risk
(1)
A shared device is not to be left in a public
place in a way that causes an obstruction or safety
risk.
(2)
An impounding officer may immediately impound a
shared device if:
(a)
the shared device has been left in a public
place, and
(b)
the impounding officer believes on reasonable
grounds that the shared device has been left in a way that causes an
obstruction or safety risk.
(3)
An impounding officer may, instead of impounding
a shared device under subsection (2), move the device to another
place.
(4)
An operator of a sharing service must ensure that
any shared device owned by the operator that is left in a public place
(whether by a user or any other person) in a way that contravenes this section
is removed within 3 hours after the operator is notified of the contravention
by an impounding officer, user or any other person.
(5)
An operator of a sharing service who fails to
comply with subsection (4) in relation to a shared device is taken to have
abandoned the shared device in a public place.
Note—
Abandoning an article in a public place is an
offence under section 32.
(6)
The regulations may prescribe a longer period
than 3 hours to apply for the purposes of subsection (4) in all or any
specified circumstances.
(7)
For the purposes of this section, a shared device
causes an obstruction or safety risk:
(a)
if the shared device is left in a way that causes
an obstruction to traffic (whether vehicular or pedestrian), or that is likely
to be a danger to road users or the public, including because it blocks access
to a footpath, fire exit, lift, access ramp or stairs, or
(b)
in any other circumstances prescribed by the
regulations.
19EImpounding abandoned shared
devices
(1)
A shared device is not to be left in a public
place, in the same location, for a period of more than 7 consecutive
days.
(2)
An operator of a sharing service must ensure that
any shared device owned by the operator that has been left in a public place
(whether by a user or any other person) in contravention of this section is
removed within 4 days after the operator is notified of the contravention by
an impounding officer, a user or any other person.
(3)
An operator of a sharing service who fails to
comply with subsection (2) in relation to a shared device is taken to have
abandoned the shared device in a public place.
Note—
An impounding officer may impound the abandoned
shared device under section 15. Abandoning an article in a public place is an
offence under section 32.
(4)
The regulations may prescribe a longer period
than 4 days to apply for the purposes of subsection (2) in all or any
specified circumstances.
19FRegulations relating to
sharing services
(1)
The regulations may make further provision for
the obligations of operators of sharing services in respect of the operation
of sharing services and shared devices.
(2)
In particular, the regulations may provide for
matters relating to the safety, operation or maintenance of sharing services
and shared devices, including the following:
(a)
protecting the public amenity of land on which
shared devices are used or left,
(b)
managing risks to the safety of users of sharing
services, other road users, impounding officers and other members of staff of
impounding authorities, and the general public,
(c)
managing any public liability of impounding
authorities incurred in connection with the carrying on of business by an
operator of a sharing service,
(d)
planning for the operation of an integrated
transport network.
(3)
The regulations may prescribe a code of practice
that provides for any of the matters referred to in subsection (1) or
(2).
(4)
The regulations, or a code of practice, may
impose enforceable obligations or restrictions on operators and former
operators of sharing services (including by creating offences with a penalty
not exceeding 5 penalty units).
(5)
The regulations, or a code of practice, may
provide for further circumstances in which a shared device left in a public
place (whether by a user or any other person) is taken, for the purposes of
this Act, to have been abandoned by the operator of the sharing service that
owns the shared device.
(6)
The regulations may exempt, or provide for the
exemption of, unconditionally or subject to conditions, any persons, shared
devices or sharing services from any or all of the provisions of this
Division, the regulations under this Division or a code of
practice.
19GImpounding shared devices not
moved in accordance with a removal notice
(1)
An impounding officer may issue a notice (a
removal
notice) to an operator of a sharing service requiring the
operator to remove a shared device left in a public place if the impounding
officer believes on reasonable grounds that:
(a)
the shared device is owned by the operator,
and
(b)
the shared device has been left in the place, or
has been provided by the operator, in contravention of this Act, the
regulations or a code of practice (whether or not the contravention
constitutes an offence).
(2)
The removal notice must:
(a)
give particulars of the shared device and its
location, and
(b)
specify the alleged contravention,
and
(c)
specify the time by which the shared device must
be removed.
(3)
The period of time given for compliance with the
removal notice must be:
(a)
no shorter than the period of time allowed for
the removal of the shared device that is specified in relation to the
contravention concerned in this Act, the regulations or a code of practice,
or
(b)
if paragraph (a) does not apply—a period of
time that is reasonable in the circumstances.
(4)
A removal notice may be varied or revoked by a
subsequent notice.
(5)
An operator of a sharing service who fails to
comply with a removal notice relating to a shared device left in a public
place (whether by a user or any other person) is taken to have abandoned the
shared device in that public place.
Note—
An impounding officer may impound an abandoned
shared device under section 15. Abandoning an article in a public place is an
offence under section 32.
(6)
If the removal notice relates to a contravention
of section 19D or 19E, the operator is taken to have abandoned the shared
device under the section concerned.
Note—
Under section 32 there is an increased penalty
for abandoning shared devices under sections 19D and
19E.
(7)
This section does not limit a power to impound a
shared device conferred on an impounding officer by another provision of this
Division.
19HOwnership of shared
devices
For the purposes of this Act, the operator of a
sharing service is taken, unless the contrary is proven, to be the owner of
any shared device that is branded with the name of the operator or the
operator’s business.
19INotice to
operators
(1)
A notice under this Division may be given:
(a)
by giving the notice by email to an email address
specified by the operator for the service of documents of that kind,
or
(b)
if the operator to whom it is issued has
requested or consented to notification by SMS text message or any other
electronic means—by giving the notice by SMS text message to the mobile
telephone number specified by the operator for the service of documents of
that kind or giving the notice by the other electronic means,
or
(c)
in the case of a notice given by an impounding
officer—in any other way agreed between the relevant impounding
authority and the operator concerned.
(2)
This section is in addition to, and does not
limit, section 49.
[2]Section 32 Offence of
abandoning article, or leaving animal unattended, in public
place
Omit the penalty provision from section 32 (1).
Insert instead:
Maximum penalty:
(a)
in the case of a shared device taken to be
abandoned by an operator of a sharing service under section 19D or
19E—25 penalty units, or
(b)
in any other case—5 penalty
units.
[3]Section 37 Proceedings are to
be heard by Local Court
Insert “, the regulations or a code of
practice” after “Act”.
[4]Notes
Insert after the matter relating to abandoned or
unattended articles (except motor vehicles):
Impounding officers have additional powers to
impound bicycles or other devices that are part of a sharing service (see
Division 5 of Part 2).
Schedule 2Amendment of Impounding Regulation
2013
[1]Clause 5 Penalty notice
offences
Insert before the table to the clause:
(2)
In this clause:
abandoned
shared device means a shared device (within the meaning of
Division 5 of Part 2 of the Act) that is taken to have been abandoned by an
operator of a sharing service under section 19D or 19E of the
Act.
[2]Clause 5,
table
Insert “or an abandoned shared
device” after “motor vehicle” where firstly
occurring.
[3]Clause 5,
table
Insert before the matter relating to section 32
(2):
Section 32
(1) (article being an abandoned shared device)
$500
Historical
notes
Table of amending
instruments
Impounding
Amendment (Shared Bicycles and Other Devices) Act 2018 No
51. Assented to 5.10.2018. Date of commencement, 30.11.2018, sec 2
and 2018 (674) LW 30.11.2018.