Traffic Act 1925

In this section – article includes rubbish and goods, but does not include a vehicle; authorised person means – in the case of a public street anywhere in the State, a police officer; or in the case of a public street in a municipal area, a person who is an employee or agent of the responsible council and has the approval of that council to exercise power under this section within that area; relevant authority means – in relation to an authorised person who is a police officer, the Commissioner of Police; or in relation to an authorised person who is an employee or agent of a council, that council.

If an article is placed or left in a public street to the obstruction, annoyance or danger of road users, nearby residents or other persons, an authorised person may – remove the article or cause it to be removed; and take the article, or cause it to be taken, to a place of safety; and detain the article, or cause it to be detained, until the expenses of removing, taking and detaining it are paid to the relevant authority.

The relevant authority must, as soon as practicable after the removal, take reasonable steps to inform the article's owner of the action taken and the terms of this section.

If – reasonable steps to inform the owner within 30 days after the date of removal prove unsuccessful; or the owner is informed of the removal within those 30 days but does not pay the required expenses within 14 days after the date of being so informed – the relevant authority may cause the article to be disposed of in such manner as the authority sees fit and use the proceeds, if any, to defray those expenses.

If the proceeds of disposal exceed the amount of the expenses, the relevant authority must hold those balance proceeds for a period of 3 months from the date of disposal and, if not claimed by the owner during that period – pay the balance into the Public Account if the relevant authority is the Commissioner of Police; or dispose of the balance as the relevant authority sees fit if it is a council.