Victorian Numbered Acts

ROAD SAFETY AMENDMENT (PRIVATE CAR PARKS) ACT 2015 (NO. 34 OF 2015) - SECT 3

After section 90Q of the Road Safety Act 1986 insert —

        " 90R     Discovery for purpose of recovery of private car park fees

    (1)     Any entitlement to a preliminary discovery order against the Corporation for the purpose of the recovery of private car park fees is abrogated by this section.

    (2)     A preliminary discovery order is considered to be for the purpose of the recovery of private car park fees if the order is sought to assist the applicant to ascertain the identity or whereabouts of a person sufficiently for the purpose of commencing a proceeding against the person for the recovery of private car park fees.

Example

An order made under Order 32.03 of Chapter I of the Rules of the Magistrates' Court to assist in such ascertainment.

    (3)     In this section—

"private car park fee" means any amount alleged to be payable under the terms and conditions of a contract, arrangement or understanding in relation to the use of a car park (such as an amount payable for the use of the car park and including an amount payable for breaching those terms and conditions), but does not include an amount alleged to be payable under the terms and conditions of a contract that is in writing and signed by the relevant parties.".