Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 136

136 Agreements for detaining vehicles

(1) An agreement, whether entered into before or after 12 December 1997 is of no legal effect to the extent to which it authorises, or purports to authorise, a person to—

(a) do an act in contravention of section 135 ; or

(b) remove a vehicle detained in contravention of section 135 from any land.

(2) A party to an agreement that is of no legal effect wholly or partly because of subsection (1) —

(a) is not entitled to recover any money for providing services under the agreement from—

(i) the owner or occupier of the land to which the agreement relates or purports to relate; or

(ii) any other person; and

(b) must repay to the person from whom it was received—

(i) any money received before the commencement of this section, for services that were to be provided after the commencement; and

(ii) any money received after the commencement of this section for the services.

(3) If a party does not repay money required by subsection (2) (b) to be repaid, the person entitled to be repaid may recover the money from the party as a debt.