(1) An impounding authority must make all reasonable inquiries in an effort to
find out the name and address of the owner of an impounded item and, in the
case of an impounded motor vehicle, must also make a search of the
PPS Register for information concerning PPS security interests in the vehicle.
(2) The inquiries and search must be made as soon as practicable after the
item is delivered to the authority's pound or (in the case of an article that
is impounded without being delivered to a pound) as soon as practicable after
the article is impounded.
(3) If the impounding authority knows or finds out
the name and address of the owner, the authority must cause notice of the
impounding to be given to the owner of an impounded item as soon as
practicable after becoming aware of the name or address.
(4) If the
impounding authority's search of the PPS Register reveals a
PPS security interest in the motor vehicle, the authority must also cause
notice of the impounding to be given to the person who claims the interest.
(5) A notice under this section must be in writing addressed to the person to
be given the notice. It must clearly indicate that the item has been impounded
and will be sold or otherwise disposed of if not claimed within a stated
period (not less than 7 days in the case of an animal and not less than 28
days in the case of an article).
(6) Inquiries as to the owner of a motor
vehicle need not be made under this section if those inquiries have already
been made under another provision of this Act.
(7) This section does not
apply to a motor vehicle that has been destroyed or otherwise disposed of
under section 18 (Impounded motor vehicles worth less than $500 may be
destroyed).
"PPS security interest" , in relation to a motor vehicle, means a security
interest in the vehicle to which the Personal Property Securities Act 2009 of
the Commonwealth applies (including a transitional security interest within
the meaning of that Act).
Note : See section 49 for the ways in which notice
can be given.
