IMPOUNDING ACT 1993 - SECT 38
Owner of impounded item can apply to Civil and Administrative Tribunal for administrative review
IMPOUNDING ACT 1993 - SECT 38
Owner of impounded item can apply to Civil and Administrative Tribunal for administrative review
38 Owner of impounded item can apply to Civil and Administrative Tribunal for
administrative review
(1) The owner of an impounded item may apply to the Civil and Administrative
Tribunal for an administrative review under the
Administrative Decisions Review Act 1997 of the decision to impound the item,
but only on the ground that the impounding of the item was unlawful.
(2) The
owner of an impounded item may apply to the Civil and Administrative Tribunal
for an administrative review under the Administrative Decisions Review Act
1997 of any fee or charge required to be paid for the release of the item
(whether to an impounding authority or an occupier of private land), but only
on the ground that the fee or charge has been improperly charged or
incorrectly calculated or is excessive.
(3) An application cannot be made
under this section until the owner of the impounded item has given the
impounding authority or occupier concerned notice in writing of intention to
apply to the Civil and Administrative Tribunal.
(4) If notice of intention to
apply to the Civil and Administrative Tribunal is given, the authority must
not sell or otherwise dispose of the impounded item until the time limit for
an application has expired or until it has been notified that any application
made has been refused or withdrawn.
(5) This section does not affect
section 22 (Injured, diseased or distressed animals can be destroyed).
