Page 2485 - Week 08 - Thursday, 6 August 2015

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Schedule of amendments

Schedule 1

Road Transport Legislation Amendment Bill 2015

Amendment moved by the Minister for Justice

1

Proposed new clause 11A

Page 8, line 9—

insert

11A  New section 236 

insert

236  Preliminary discovery for private car park fees

(1) The road transport authority cannot be required to comply with a preliminary discovery order if the purpose is—

(a) to ascertain the identity or whereabouts of a person in order to start a proceeding against the person for the recovery of a private car park fee; or

(b) otherwise in connection with starting a proceeding for recovery of a private car park fee.

(2) In this section:

preliminary discovery order means an order made under the Court Procedures Rules 2006, division 2.8.6 or any requirement imposed for a similar purpose under any other law.

private car park fee—

(a) means an amount alleged to be payable under the terms of a contract, arrangement or understanding for the use of a car park; but

(b) does not include an amount alleged to be payable under the terms of a written contract signed by the relevant parties.

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