Road Obstructions (Special Provisions) Act 1979 (NSW)

Road Obstructions (Special Provisions) Act 1979 No 9

An Act with respect to the removal from public roads of motor vehicles causing obstruction.

1 Name of Act This Act may be cited as the Road Obstructions (Special Provisions) Act 1979.

2 Commencement (1) This section and section 1 shall commence on the date of assent to this Act. (2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

2A Operation of Act (1) The road obstruction powers under this Act may be exercised only during a period specified in an order in force under subsection (2). (2) The Governor, by order published on the NSW legislation website, may, from time to time, declare that the road obstruction powers under this Act may be exercised during such period (not exceeding 3 months) as is specified in the order. (3) Any period so specified in an order is to commence on the date of publication of the order or such later date as is specified in the order. (4) In this section, the road obstruction powers under this Act means the powers conferred on the Commissioner or an authorised officer by sections 4 (1), 5 (1) and 5 (3).

3 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires: 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. Commissioner means Commissioner of Police. motor vehicle means a motor vehicle or trailer within the meaning of the Road Transport Act 2013. owner, in relation to a motor vehicle, means: (a) any person who is the owner or joint owner or part owner thereof, (b) any person who has the use thereof under a hiring or hire-purchase agreement, or (c) any person who is an Australian registered operator of the vehicle within the meaning of the Road Transport Act 2013, but does not include any unpaid vendor of the vehicle under a hire-purchase agreement. public road means a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road or road related area that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act). regulations means regulations under this Act. (2) A reference in this Act to a motor vehicle includes a reference to any goods on the motor vehicle.