New South Wales Consolidated Regulations

ROAD OBSTRUCTIONS (SPECIAL PROVISIONS) REGULATION 1990 - REG 4

4 Release

(1) Except in the case of a motor vehicle or part of a motor vehicle or goods which is or are dealt with under subclause (2), the following conditions must be observed before the release of a motor vehicle, a part of a motor vehicle or goods impounded under section 5 (3) of the Act:

(a) application for the release must be made in writing by the owner of the motor vehicle or part of the motor vehicle or of the goods, or by a person acting for or on behalf of that owner, to an officer-in-charge of the place at which the vehicle, part of the vehicle or goods is or are impounded (in this subclause referred to as the "officer-in-charge"),

(b) the applicant must furnish, to the satisfaction of the officer-in-charge, evidence as to the ownership of the motor vehicle, part of the motor vehicle or goods and, if the applicant is acting for or on behalf of the owner, evidence of the applicant’s authority so to act,

(c) the motor vehicle, part of the motor vehicle or goods are not to be released from custody unless:

(i) the officer-in-charge is satisfied that the applicant is the owner of the motor vehicle, part of the motor vehicle or goods or that the applicant possesses authority to act for or on behalf of that owner, and

(ii) the fee fixed by the Commissioner of Police for releasing the motor vehicle, part of the motor vehicle or goods has been paid to the officer-in-charge, and

(iii) the applicant has signed a receipt for the delivery of the motor vehicle, part of the motor vehicle or goods on a form supplied to the applicant by the officer-in-charge.

(2) If, within a period of 3 months after the date on which a motor vehicle, part of a motor vehicle or goods has or have been seized under section 5 (1) of the Act, the owner or a person acting for or on behalf of the owner has not obtained the release of the motor vehicle, part of the motor vehicle or goods, the motor vehicle, part of the motor vehicle or goods may, after the expiration of that period, be disposed of, whether by sale, destruction or otherwise, in accordance with the directions of the Commissioner of Police.