Northern Territory Consolidated Acts

TRAFFIC ACT - SECT 29AH

(1) This section applies after a court has found the offender guilty of the second offence.

(2) Before the offender is sentenced for the second offence, the Commissioner of Police may apply to the court for an order (an impounding order ) to impound the motor vehicle used in committing the offence.

(3) However, the Commissioner of Police may not do so if, at the time of the second offence, the motor vehicle was a rental vehicle, or was stolen or otherwise used without the permission of its owner.

(4) The court may order the impounding of the motor vehicle for a specified period (the initial period ) that is at least 3 months and not more than 6 months if the court is satisfied:

(a) each person with an interest in the vehicle had the opportunity to be heard in the proceedings for the application; and

(b) impounding the vehicle will not cause severe financial or physical hardship to a person mentioned in paragraph (a) who was heard in the proceedings.

(5) The court must not make the impounding order if the court is satisfied:

(a) the offender was not the owner of the motor vehicle at the time of the second offence; and

(b) the second offence happened without the knowledge and consent of the owner of the vehicle.

(6) The impounding order must specify the storage place and may specify other matters relating to impounding the motor vehicle as decided by the court.

(7) The impounding order takes effect as specified in the order at the earlier of the following:

(a) the expiration of the period for instituting an appeal in relation to the offence or sentence if no appeal is instituted;

(b) the end of the proceedings for an appeal by the offender if the appeal is unsuccessful.

(8) The impounding order may be made whether or not the motor vehicle was previously impounded under section 29AD because of the second offence.