Northern Territory Consolidated Acts

TRAFFIC ACT - SECT 29AQ

(1) The driver of a motor vehicle (the driver ) at the time of the alleged offence or offence to which an impounding determination or impounding order relates is liable to pay the costs of impounding the vehicle as a result of the determination or order.

(2) However, a person is entitled to be reimbursed the amount of those costs that is attributable to the initial period and the 2 days immediately following the initial period (the initial costs ) if:

(a) the person incurs the initial costs when the owner of the vehicle collects the vehicle after the initial period; and

(b) for a vehicle impounded under an impounding determination - any of the following applies:

(i) the determination is revoked;

(ii) the driver is found not guilty of the alleged offence;

(iii) the driver is not charged with, or issued with a traffic infringement notice or summons for, the alleged offence within 6 months after the determination is made; and

(c) for a vehicle impounded under an impounding order - the order is overturned on an appeal against the decision to make the order.

(3) The Territory is responsible for the initial costs if subsection (2) applies.

(4) If the Territory incurs an amount of costs of impounding the vehicle (other than the initial costs for which the Territory is responsible under subsection (3)), the amount is a debt due to the Territory by the driver.

(5) Despite subsections (3) and (4), the regulations may provide for the release of the vehicle to a person on payment of an amount by the person.

(6) This section does not prevent the owner of the vehicle to recover from the driver an amount of the costs of impounding the vehicle paid by the owner under section 29AP(1).