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Part 3 · Powers to Remove, Detain and Dispose

10. Application of this Division

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(1)

This Division applies where there is a contravention of rule 3, 4(1)(a), 6 (where the vehicle is a bicycle or personal mobility device) or 9.

(2)

A contravening item for the purposes of this Division is —

(a)

in the case of a contravention by a relevant person of rule 3, the fixture, structure or thing mentioned in that rule;

(b)

in the case of a contravention by a relevant person of rule 4(1)(a), the thing mentioned in that rule;

(c)

in the case of a contravention by a relevant person of rule 6, the vehicle mentioned in that rule; and

(d)

in the case of a contravention by a relevant person of rule 9, any pipe, wire, device or instrument used to draw, divert or take water, electricity or gas in contravention of that rule.

(3)

A relevant person for the purposes of this Division is —

(a)

in the case of a contravention of rule 3, the person who contravenes that rule;

(b)

in the case of a contravention of rule 4(1)(a), the person who contravenes that rule;

(c)

in the case of a contravention of rule 6, the person who contravenes that rule; and

(d)

in the case of a contravention of rule 9, the person who contravenes that rule.

(4)

In this Division, a reference to the date of service of a notice is a reference to the date that the notice is deemed to be sufficiently served under section 66 of the Act.

Subregulation 1

This Division applies where there is a contravention of rule 3, 4(1)(a), 6 (where the vehicle is a bicycle or personal mobility device) or 9.

Subregulation 2

A contravening item for the purposes of this Division is —

(a)

in the case of a contravention by a relevant person of rule 3, the fixture, structure or thing mentioned in that rule;

(b)

in the case of a contravention by a relevant person of rule 4(1)(a), the thing mentioned in that rule;

(c)

in the case of a contravention by a relevant person of rule 6, the vehicle mentioned in that rule; and

(d)

in the case of a contravention by a relevant person of rule 9, any pipe, wire, device or instrument used to draw, divert or take water, electricity or gas in contravention of that rule.

Subregulation 3

A relevant person for the purposes of this Division is —

(a)

in the case of a contravention of rule 3, the person who contravenes that rule;

(b)

in the case of a contravention of rule 4(1)(a), the person who contravenes that rule;

(c)

in the case of a contravention of rule 6, the person who contravenes that rule; and

(d)

in the case of a contravention of rule 9, the person who contravenes that rule.

Subregulation 4

In this Division, a reference to the date of service of a notice is a reference to the date that the notice is deemed to be sufficiently served under section 66 of the Act.

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