Northern Territory Consolidated Acts

TRAFFIC ACT - SECT 29AD

(1) A police officer who reasonably believes a motor vehicle was used in committing a prescribed driving offence (the alleged offence ) may determine in writing (the impounding determination ) that the vehicle be impounded.

(2) Without limiting subsection (1), the police officer may form the belief on the basis of a sworn statement of a complainant in relation to the commission of the alleged offence.

(3) The police officer may make the impounding determination only within 14 days of the alleged offence.

(4) The police officer must, as far as reasonably practicable after making the impounding determination, give a copy of it to the following:

(a) the person who was the driver of the motor vehicle at the time of the alleged offence;

(b) if the vehicle is registered and the driver is not the registered owner or registered operator of the vehicle - the registered owner and registered operator of the vehicle;

(c) if the police officer knows the identity of the owner of the vehicle (whether or not the vehicle is registered) - that owner;

(d) if the driver was found guilty of 1 or more prescribed driving offences within 2 years immediately before the date of the alleged offence - the Registrar.

(5) The impounding determination:

(a) must include information about the impounding determination and its effect (including, for example, the storage place and liability for the costs of impounding the vehicle); and

(b) may include other information relating to impounding the vehicle.

(6) The impounding determination has effect during the period (the initial period ):

(a) starting when a police officer takes control of the motor vehicle for the determination; and

(b) ending 48 hours later or at an earlier time if the determination is revoked at the earlier time.