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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Impounding Amendment (Shared Bicycles
and Other Devices) Bill 2018
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Impounding Act 1993 No 31 3
Schedule 2 Amendment of Impounding Regulation 2013 8
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2018
New South Wales
Impounding Amendment (Shared Bicycles
and Other Devices) Bill 2018
Act No , 2018
An Act to amend the Impounding Act 1993 and the regulation under that Act with respect to the
impounding of bicycles and other devices that are part of a sharing service.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Impounding Amendment (Shared Bicycles and Other Devices) Bill 2018 [NSW]ï€
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Impounding Amendment (Shared Bicycles and Other Devices) Act
2018.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Page 2
Impounding Amendment (Shared Bicycles and Other Devices) Bill 2018 [NSW]ï€
Schedule 1 Amendment of Impounding Act 1993 No 31
Schedule 1 Amendment of Impounding Act 1993 No 31
[1] Part 2, Division 5
Insert after Division 4 of Part 2:
Division 5 Additional powers in relation to shared devices
19A Preliminary
This Division confers additional powers on impounding officers in respect of
shared devices, and does not limit a power to impound an article that is a
shared device under any other provision of this Act.
19B Definitions
(1) In this Division:
code of practice means a code of practice prescribed by the regulations under
this Division.
device means:
(a) a bicycle, or
(b) any other thing used for transporting persons that is prescribed by the
regulations as a device for the purposes of this Act.
leave a shared device includes park a shared device.
operator of a sharing service means a person who carries on the business of
providing the sharing service.
shared device means any device that is provided for hire under a sharing
service.
sharing service--see section 19C.
user means a person who hires a shared device under a sharing service.
(2) In this Division, a power to impound or move a shared device includes a power
to unlock the device.
19C Sharing service--meaning
(1) In this Division, sharing service means an arrangement (including an
arrangement in writing or one established through a smartphone application)
under which:
(a) devices are provided for hire (whether or not a fee is payable), and
(b) the devices are self-locking, or access to the devices is otherwise able to
be limited, including remotely, and
(c) the devices are not hired from the premises of the operator of the sharing
service or from a fixed docking station, and
(d) the devices are not required to be returned to:
(i) the operator, or
(ii) the premises from which they were picked up, or
(iii) a fixed docking station, or
(iv) other specific premises, and
(e) any other features prescribed by the regulations exist.
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Impounding Amendment (Shared Bicycles and Other Devices) Bill 2018 [NSW]ï€
Schedule 1 Amendment of Impounding Act 1993 No 31
(2) The regulations may:
(a) declare any arrangement or type of arrangement made in connection
with a device to be within the definition of sharing service for the
purposes of this Division, or
(b) exclude any arrangement or type of arrangement made in connection
with a device from that definition of sharing service.
(3) A provision of this Act, the regulations or a code of practice that requires a
shared device to be left in a particular place, or prohibits a shared device from
being left in a particular place, is to be disregarded for the purpose of
determining whether an arrangement is a sharing service.
19D Impounding shared devices that are causing an obstruction or safety risk
(1) A shared device is not to be left in a public place in a way that causes an
obstruction or safety risk.
(2) An impounding officer may immediately impound a shared device if:
(a) the shared device has been left in a public place, and
(b) the impounding officer believes on reasonable grounds that the shared
device has been left in a way that causes an obstruction or safety risk.
(3) An impounding officer may, instead of impounding a shared device under
subsection (2), move the device to another place.
(4) An operator of a sharing service must ensure that any shared device owned by
the operator that is left in a public place (whether by a user or any other person)
in a way that contravenes this section is removed within 3 hours after the
operator is notified of the contravention by an impounding officer, user or any
other person.
(5) An operator of a sharing service who fails to comply with subsection (4) in
relation to a shared device is taken to have abandoned the shared device in a
public place.
Note. Abandoning an article in a public place is an offence under section 32.
(6) The regulations may prescribe a longer period than 3 hours to apply for the
purposes of subsection (4) in all or any specified circumstances.
(7) For the purposes of this section, a shared device causes an obstruction or
safety risk:
(a) if the shared device is left in a way that causes an obstruction to traffic
(whether vehicular or pedestrian), or that is likely to be a danger to road
users or the public, including because it blocks access to a footpath, fire
exit, lift, access ramp or stairs, or
(b) in any other circumstances prescribed by the regulations.
19E Impounding abandoned shared devices
(1) A shared device is not to be left in a public place, in the same location, for a
period of more than 7 consecutive days.
(2) An operator of a sharing service must ensure that any shared device owned by
the operator that has been left in a public place (whether by a user or any other
person) in contravention of this section is removed within 4 days after the
operator is notified of the contravention by an impounding officer, a user or
any other person.
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Impounding Amendment (Shared Bicycles and Other Devices) Bill 2018 [NSW]ï€
Schedule 1 Amendment of Impounding Act 1993 No 31
(3) An operator of a sharing service who fails to comply with subsection (2) in
relation to a shared device is taken to have abandoned the shared device in a
public place.
Note. An impounding officer may impound the abandoned shared device under
section 15. Abandoning an article in a public place is an offence under section 32.
(4) The regulations may prescribe a longer period than 4 days to apply for the
purposes of subsection (2) in all or any specified circumstances.
19F Regulations relating to sharing services
(1) The regulations may make further provision for the obligations of operators of
sharing services in respect of the operation of sharing services and shared
devices.
(2) In particular, the regulations may provide for matters relating to the safety,
operation or maintenance of sharing services and shared devices, including the
following:
(a) protecting the public amenity of land on which shared devices are used
or left,
(b) managing risks to the safety of users of sharing services, other road
users, impounding officers and other members of staff of impounding
authorities, and the general public,
(c) managing any public liability of impounding authorities incurred in
connection with the carrying on of business by an operator of a sharing
service,
(d) planning for the operation of an integrated transport network.
(3) The regulations may prescribe a code of practice that provides for any of the
matters referred to in subsection (1) or (2).
(4) The regulations, or a code of practice, may impose enforceable obligations or
restrictions on operators and former operators of sharing services (including
by creating offences with a penalty not exceeding 5 penalty units).
(5) The regulations, or a code of practice, may provide for further circumstances
in which a shared device left in a public place (whether by a user or any other
person) is taken, for the purposes of this Act, to have been abandoned by the
operator of the sharing service that owns the shared device.
(6) The regulations may exempt, or provide for the exemption of, unconditionally
or subject to conditions, any persons, shared devices or sharing services from
any or all of the provisions of this Division, the regulations under this Division
or a code of practice.
19G Impounding shared devices not moved in accordance with a removal notice
(1) An impounding officer may issue a notice (a removal notice) to an operator of
a sharing service requiring the operator to remove a shared device left in a
public place if the impounding officer believes on reasonable grounds that:
(a) the shared device is owned by the operator, and
(b) the shared device has been left in the place, or has been provided by the
operator, in contravention of this Act, the regulations or a code of
practice (whether or not the contravention constitutes an offence).
(2) The removal notice must:
(a) give particulars of the shared device and its location, and
(b) specify the alleged contravention, and
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Impounding Amendment (Shared Bicycles and Other Devices) Bill 2018 [NSW]ï€
Schedule 1 Amendment of Impounding Act 1993 No 31
(c) specify the time by which the shared device must be removed.
(3) The period of time given for compliance with the removal notice must be:
(a) no shorter than the period of time allowed for the removal of the shared
device that is specified in relation to the contravention concerned in this
Act, the regulations or a code of practice, or
(b) if paragraph (a) does not apply--a period of time that is reasonable in
the circumstances.
(4) A removal notice may be varied or revoked by a subsequent notice.
(5) An operator of a sharing service who fails to comply with a removal notice
relating to a shared device left in a public place (whether by a user or any other
person) is taken to have abandoned the shared device in that public place.
Note. An impounding officer may impound an abandoned shared device under
section 15. Abandoning an article in a public place is an offence under section 32.
(6) If the removal notice relates to a contravention of section 19D or 19E, the
operator is taken to have abandoned the shared device under the section
concerned.
Note. Under section 32 there is an increased penalty for abandoning shared devices
under sections 19D and 19E.
(7) This section does not limit a power to impound a shared device conferred on
an impounding officer by another provision of this Division.
19H Ownership of shared devices
For the purposes of this Act, the operator of a sharing service is taken, unless
the contrary is proven, to be the owner of any shared device that is branded
with the name of the operator or the operator's business.
19I Notice to operators
(1) A notice under this Division may be given:
(a) by giving the notice by email to an email address specified by the
operator for the service of documents of that kind, or
(b) if the operator to whom it is issued has requested or consented to
notification by SMS text message or any other electronic means--by
giving the notice by SMS text message to the mobile telephone number
specified by the operator for the service of documents of that kind or
giving the notice by the other electronic means, or
(c) in the case of a notice given by an impounding officer--in any other
way agreed between the relevant impounding authority and the operator
concerned.
(2) This section is in addition to, and does not limit, section 49.
[2] Section 32 Offence of abandoning article, or leaving animal unattended, in public
place
Omit the penalty provision from section 32 (1). Insert instead:
Maximum penalty:
(a) in the case of a shared device taken to be abandoned by an operator of
a sharing service under section 19D or 19E--25 penalty units, or
(b) in any other case--5 penalty units.
Page 6
Impounding Amendment (Shared Bicycles and Other Devices) Bill 2018 [NSW]ï€
Schedule 1 Amendment of Impounding Act 1993 No 31
[3] Section 37 Proceedings are to be heard by Local Court
Insert ", the regulations or a code of practice" after "Act".
[4] Notes
Insert after the matter relating to abandoned or unattended articles (except motor vehicles):
Impounding officers have additional powers to impound bicycles or other
devices that are part of a sharing service (see Division 5 of Part 2).
Page 7
Impounding Amendment (Shared Bicycles and Other Devices) Bill 2018 [NSW]ï€
Schedule 2 Amendment of Impounding Regulation 2013
Schedule 2 Amendment of Impounding Regulation 2013
[1] Clause 5 Penalty notice offences
Insert before the table to the clause:
(2) In this clause:
abandoned shared device means a shared device (within the meaning of
Division 5 of Part 2 of the Act) that is taken to have been abandoned by an
operator of a sharing service under section 19D or 19E of the Act.
[2] Clause 5, table
Insert "or an abandoned shared device" after "motor vehicle" where firstly occurring.
[3] Clause 5, table
Insert before the matter relating to section 32 (2):
Section 32 (1) (article being an abandoned shared device) $500
Page 8
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