New South Wales Consolidated Acts

ROAD OBSTRUCTIONS (SPECIAL PROVISIONS) ACT 1979 - SECT 5

5 Removal of a motor vehicle obstructing a public road

(1) Where a motor vehicle to which a notice is affixed in accordance with section 4 (1) is not moved in accordance with the directions contained, and within the time specified, in the notice, the Commissioner or that authorised officer may seize and take charge of the motor vehicle and cause it or any part of it:

(a) to be moved to such place as may be determined by the Commissioner or authorised officer, as the case may be, or

(b) to be modified, dismantled, unloaded, interfered with or replaced in any manner considered necessary by the Commissioner or authorised officer to enable the motor vehicle or any part thereof to be moved to such place as may be so determined,

or may cause any combination of those things to be done or, where the Commissioner or authorised officer is of the opinion that it is not practicable to do any of those things, may cause the motor vehicle or any part of it to be destroyed.

(2) For the purpose of exercising the powers conferred by subsection (1), the Commissioner or an authorised officer may take possession of any land, whether or not it is privately owned.

(3) Any motor vehicle or part of a motor vehicle moved to a place in accordance with subsection (1) may, subject to the regulations, be impounded at that place or may be moved to and impounded at any other place determined by the Commissioner or an authorised officer.

(4) A motor vehicle that may be moved under subsection (1) or (3) may be moved by its being driven, whether or not under power, by its being towed or pushed, whether forwards, backwards or in any other direction, or in any other manner whatsoever.

(5) A person who obstructs, hinders, assaults or resists another person engaged in doing any thing pursuant to the purported exercise of the powers conferred on the Commissioner or an authorised officer by subsection (1) or pursuant to subsection (3) is guilty of an offence and liable to imprisonment for a term not exceeding 6 months.