Public Spaces (Unattended Property) Regulation 2022 (2022-641) (NSW)

Public Spaces (Unattended Property) Regulation 2022

Part 1 Preliminary

1 Name of Regulation This Regulation is the Public Spaces (Unattended Property) Regulation 2022.

2 Commencement This Regulation commences on 1 November 2022.

3 Definitions In this Regulation— minimum notice period—see section 4. scheme operator, in relation to a class 2 item, means a person who carries on the business of providing a sharing service under which the item is provided for hire. the Act means the Public Spaces (Unattended Property) Act 2021.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

4 Minimum notice period (1) In this Regulation, the minimum notice period is— (a) for a notice given in relation to a shopping trolley whose owner is the owner of fewer than 25 shopping trolleys—4 days after the notice is given, and (b) for a notice given in relation to an animal or an item other than a shopping trolley referred to paragraph (a)—3 hours after the notice is given. (2) For subsection (1)— (a) a notice given before 7am on a day is taken to have been given at 7am on the day, and (b) a notice given after 8pm on a day is taken to have been given at 7am on the next day.

Part 2 Key concepts

5 Excluded animals—the Act, s 5 For the Act, section 5(2)(b), the Act does not apply to the following— (a) a feral animal, (b) a native animal, but only if the particular native animal is not— (i) ordinarily held in captivity, or (ii) farmed.

Example— Wild emus and kangaroos are excluded animals, but farmed emus and kangaroos are not.

6 Classification of items—the Act, s 9 For the Act, section 9(2), a motor vehicle that is made available for the use of the public at large, whether or not on payment of a fee or other benefit, including as part of a sharing service, is a class 3 item.