98DImmobilising devices applied to parked motor vehicles

1. This section applies if an operator applies an immobilising device to a motor vehicle parked in a parking place, unless—

2. the parking place is on a road under the control of an enforcement authority who may issue infringement notices for parking offences under this Act; or
3. the operator’s actions are authorised by or under an enactment.

4. The operator—

5. must not require the person in charge of the motor vehicle to pay a fee (relating to the removal of the immobilising device or any other matter) that exceeds the prescribed amount; and
6. may require the fee to be paid before the immobilising device is removed; and
7. must, when requested by the person in charge of the motor vehicle, remove, or arrange for the removal of, the immobilising device—
   1. as soon as is reasonably practicable after the fee is paid; or
   2. if there is no fee, at the direction of the person in charge of the motor vehicle.

8. The operator must be reasonably available to respond to a request by the person in charge of the motor vehicle relating to the removal of the immobilising device.

9. A person who contravenes subsection (2)(a) or (c) commits an offence and is liable on conviction to a fine not exceeding $3,000, in the case of an individual, or $15,000, in the case of a body corporate.

10. If the operator fails to comply with subsection (2)(c) or fails to comply with subsection (3) after the person in charge of the motor vehicle has made reasonable efforts to contact the operator, the person in charge of the motor vehicle—

11. may remove or arrange for the removal of the immobilising device from the motor vehicle; and
12. is not under any civil or criminal liability for the removal if it causes as little damage to the immobilising device as is reasonably possible.

13. This section does not of itself authorise an operator to apply an immobilising device to a motor vehicle parked in a parking place.