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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Protection of the Environment
Operations Amendment (Confiscation
and Forfeiture of Vehicles) Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Protection of the Environment Operations
Act 1997 No 156 2
Schedule 1 Amendment 3
b01-406-p01.835
New South Wales
Protection of the Environment
Operations Amendment (Confiscation
and Forfeiture of Vehicles) Bill 2001
No , 2001
A Bill for
An Act to amend the Protection of the Environment Operations Act 1997 to
provide for the confiscation and forfeiture of vehicles used in connection with the
illegal dumping of rubbish, and for related purposes.
Clause 1 Protection of the Environment Operations Amendment (Confiscation and
Forfeiture of Vehicles) Bill 2001
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Protection of the Environment Operations Amendment 3
(Confiscation and Forfeiture of Vehicles) Act 2001. 4
2 Commencement 5
This Act commences on the date of assent. 6
3 Amendment of Protection of the Environment Operations Act 1997 7
No 156 8
The Protection of the Environment Operations Act 1997 is amended 9
as set out in Schedule 1. 10
Page 2
Protection of the Environment Operations Amendment (Confiscation and
Forfeiture of Vehicles) Bill 2001
Amendment Schedule 1
Schedule 1 Amendment 1
(Section 3) 2
Part 5.6B 3
Insert after Part 5.6A 4
Part 5.6B Confiscation and forfeiture of vehicles 5
used in connection with illegal 6
dumping 7
146F Definitions 8
In this Part: 9
forfeiture offence means an offence under section 115, 145 or 10
145A. 11
vehicle means a motor vehicle and includes a trailer. 12
146G Confiscation of vehicle 13
(1) An authorised officer may seize a vehicle that the officer has 14
reason to believe has been used by a person in connection with 15
a forfeiture offence, but only if the officer is satisfied that the 16
offence was committed in the course of carrying on a business 17
or otherwise for fee or reward. 18
(2) Subsection (1) does not apply in relation to a forfeiture offence 19
committed before the commencement of this Part. 20
146H Forfeiture of vehicle by order of court 21
(1) A court may order forfeiture of a vehicle that has been seized 22
under section 146G in connection with a forfeiture offence if 23
the court: 24
(a) convicts a person of the offence, or 25
(b) makes an order under section 10 of the Crimes 26
(Sentencing Procedure) Act 1999 in respect of the 27
offence. 28
Page 3
Protection of the Environment Operations Amendment (Confiscation and
Forfeiture of Vehicles) Bill 2001
Schedule 1 Amendment
(2) A vehicle ordered by a court to be forfeited (or the proceeds of 1
sale of the vehicle) becomes the property of the State. 2
(3) Any such vehicle: 3
(a) may be sold or disposed of in such manner as the 4
regulatory authority that instituted proceedings for the 5
forfeiture offence thinks fit, or 6
(b) may, if the regulatory authority is satisfied that such 7
remedial clean-up action as may be directed by the 8
regulatory authority in relation to the offence has been 9
carried out, be returned to the owner of the vehicle. 10
146I Return of vehicle if relevant offence proceedings not taken 11
If: 12
(a) a vehicle has been seized by an authorised officer under 13
section 146G in connection with a forfeiture offence, 14
and 15
(b) proceedings for the offence are not instituted within 28 16
days after the seizure, 17
the regulatory authority that appointed the authorised officer 18
must return the vehicle to its owner. 19
146J Return of confiscated vehicle 20
(1) If a person disputes the seizure of a vehicle by an authorised 21
officer under section 146G, the regulatory authority that 22
appointed the officer may allow the vehicle to be delivered to 23
the person disputing the seizure, subject to the person giving 24
security to pay its value to the regulatory authority should the 25
vehicle be forfeited by a court under section 146H. 26
(2) A regulatory authority may, at any time, direct that a vehicle 27
seized under section 146G by an authorised officer of that 28
authority be returned to its owner on such conditions (if any) as 29
the regulatory authority thinks fit. This subsection has effect 30
whether or not forfeiture of the vehicle has taken place. 31
(3) A person who contravenes a condition under subsection (2) is 32
guilty of an offence. 33
Maximum penalty: 25 penalty units. 34
Page 4
Protection of the Environment Operations Amendment (Confiscation and
Forfeiture of Vehicles) Bill 2001
Amendment Schedule 1
(4) A vehicle is returned to its owner for the purposes of this 1
section if it is returned to the person who owns it or to a person 2
from whose possession it was seized. 3
146K Protection from liability 4
The State, a regulatory authority, an authorised officer or any 5
other person is not liable for the seizure of a vehicle under 6
section 146G for which there was reasonable cause. 7
146L Power of seizure 8
The power conferred by section 146G to seize a vehicle 9
includes: 10
(a) a power to take charge of the vehicle, and 11
(b) a power to remove the vehicle from the place where it 12
is found, and 13
(c) a power to guard the vehicle in or on that place or to 14
secure it from interference. 15
146M Access to information 16
The Roads and Traffic Authority is authorised and required to 17
provide an authorised officer, on request, with the following 18
information, if available, relating to a person whom the 19
authorised officer has reason to believe has committed a 20
forfeiture offence: 21
(a) the address of the person, 22
(b) details of any vehicle registered in the name of the 23
person. 24
Page 5
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