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ROAD TRANSPORT (GENERAL) ACT 1999 - SCHEDULE 1

This legislation has been repealed.

ROAD TRANSPORT (GENERAL) ACT 1999 - SCHEDULE 1

SCHEDULE 1 – Impounded and forfeited vehicles

(Sections 39 and 40)

1 Definitions

In this Schedule:

"Commissioner" means the Commissioner of Police.

"registered interest", in relation to a motor vehicle, means an interest in the vehicle that is registered under the Registration of Interests in Goods Act 1986 .

2 Registered operator and interested persons to be notified

(1) The Commissioner is to give notice of:
(a) the impounding of a vehicle under section 39, or
(b) the impounding, or continued or further impounding, or forfeiture, of a vehicle under section 40,
to the registered operator of the vehicle and to the holder of any registered interest in the vehicle.
(2) The notice may be given personally or by post, and must be given within 14 days after the occurrence the subject of the notice.
(3) The notice is to state the offence for which the vehicle stands impounded or forfeit.

3 Retention of vehicle impounded under section 39

(1) The Commissioner is to retain a vehicle impounded under section 39 until such time as the offence for which it was impounded is dealt with by a court or by the offender under Division 1 of Part 3 of this Act, unless it is sooner released under clause 5 or 6 or in accordance with the regulations.
(2) A vehicle that is retained in accordance with this clause until an offence is dealt with is thereafter to be dealt with as required by or under section 40.
(3) This clause does not apply in the case of a vehicle impounded in the circumstances referred to in section 39 (1) (b), except as prescribed by the regulations.

4 Retention of vehicle impounded or forfeited under section 40

(1) A vehicle impounded under section 40 is to be retained by the Commissioner for the time required by or under that section, unless it is sooner released under clause 5 or 6.
(2) A vehicle forfeited under section 40 is to be retained by the Commissioner until further directed by the Minister, unless it is sooner released under clause 5 or 6.

5 Release of vehicle on application to Commissioner

(1) Application may be made by any person to the Commissioner for the release of an impounded vehicle into the person's custody.
(2) The Commissioner may release the vehicle to the applicant if:
(a) the period for which the vehicle would be liable to be impounded under section 40 as a result of a conviction for the offence that gave rise to its impounding has expired and the prescribed fees for storage of the vehicle by the Commissioner have (except to the extent that the Commissioner has waived payment of those fees) been paid, or
(b) although that period has not expired, the Commissioner is satisfied, on such evidence as the Commissioner may reasonably require, that:
(i) the offence concerned was not committed with the consent of the applicant, and
(ii) the applicant did not know, and could not reasonably be expected to have known, that the vehicle would be used for the commission of the offence,
and if the Commissioner is satisfied, on such evidence as the Commissioner may reasonably require, that the applicant is lawfully entitled to possession of the vehicle.
(3) It is the duty of the Commissioner to endeavour to cause any impounded vehicle to be available for collection by a person entitled to its possession as soon as the person is entitled to it.
(4) An applicant to whom a vehicle is released under this clause must in writing acknowledge receipt of the vehicle from the custody of the Commissioner.
(5) The Commissioner may remit the whole or any part of the prescribed fees for storage of a vehicle.

6 Release of vehicle on application to Administrative Decisions Tribunal

(1) A person may apply to the Administrative Decisions Tribunal for an order for the release of an impounded vehicle into the person's custody.
(2) An application under this clause stays any order or direction for forfeiture or disposal of the vehicle.
(3) An application under this clause may be made whether or not an application has been made to the Commissioner under clause 5.
(4) The Tribunal is not limited by the provisions of clause 5, and is entitled in any case to have regard not only to the public interest but to any alleged hardship or other circumstances of the case.
(5) Subclause (4) applies even though the Commissioner may have refused an application under clause 5, and the Tribunal may order or refuse to order the release of an impounded vehicle as justice requires.
(6) An applicant to whom a vehicle is released by order of the Tribunal must in writing acknowledge receipt of the vehicle from the custody of the Commissioner.
(7) The Tribunal may determine whether or not the prescribed fees for storage of the vehicle by the Commissioner, or some of those fees, are payable by the applicant to the Commissioner.
(8) A decision of the Tribunal made in proceedings determining an application under this clause is an appealable decision for the purposes of Part 1 of Chapter 7 of the Administrative Decisions Tribunal Act 1997 .
(9) The Tribunal may award costs under section 88 of the Administrative Decisions Tribunal Act 1997 in respect of proceedings commenced by an application made under this clause.

7 Safe keeping of vehicles

The Commissioner has (in the Commissioner's official capacity) a duty to take all reasonable steps to secure an impounded vehicle against theft or damage while impounded.

8 Failure to prosecute

(1) No action lies against the Crown, the Minister, the Commissioner or any police officer in respect of the seizure or impounding, under section 39, of a vehicle for an alleged offence for which no proceedings or process are taken or issued.
(2) This clause does not protect a police officer from liability in respect of the seizure, otherwise than in good faith, of a motor vehicle.

9 Disposal of vehicles

(1) The Commissioner may cause an impounded or forfeited vehicle to be offered for sale in the circumstances prescribed by the regulations. The sale is to be by public auction or public tender.
(2) The vehicle may be disposed of otherwise than by sale if the Commissioner believes on reasonable grounds that the vehicle has no monetary value or that the proceeds of the sale would be unlikely to exceed the costs of sale.
(3) If the vehicle offered for sale is not sold, the Commissioner may dispose of the vehicle otherwise than by sale.
(4) The regulations may make provision for or with respect to the disposal of the proceeds of any such sale, including provisions for or with respect to entitling persons to seek to be paid any such proceeds.