Northern Territory Consolidated Acts

TRAFFIC ACT - SECT 29AR

(1) This section applies if the owner of a motor vehicle to which an impounding determination or impounding order relates does not collect the vehicle:

(a) for an impounding determination - within 28 days after a copy of the impounding determination is given to a person under section 29AD(4); or

(b) for an impounding order - within 28 days after the order expires.

(2) The Commissioner of Police may dispose of the vehicle in any way the Commissioner considers appropriate (including, for example, sale or destruction) if:

(a) all proceedings for the alleged offence or offence to which the determination or order relates have ended, the period for appeal has expired and, for an impounding order, the order is not overturned; and

(b) at least 28 days before the proposed disposal of the vehicle - the Commissioner has notified each of the following of the proposed disposal:

(i) the person who was the driver of the vehicle at the time of the alleged offence or offence;

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

(iii) if the Commissioner knows the identity of the owner of the vehicle (whether or not the vehicle is registered) - that owner;

(iv) anyone else whom the Commissioner knows to have an interest in the vehicle; and

(c) at least 28 days before the proposed disposal - the Commissioner has, by Gazette notice, publicised the proposed disposal; and

(d) at least 28 days before the proposed disposal - the Commissioner has notified the Registrar about the proposed disposal; and

(e) the Commissioner has obtained a certificate for the vehicle under section 12 of the Registration of Interests in Motor Vehicles and Other Goods Act .

(3) The Commissioner of Police is required to notify a person mentioned in subsection (2)(b) only to the extent to which it is reasonably practicable to do so.

(4) The owner of the vehicle is entitled to collect the vehicle at anytime before the proposed disposal on payment of the costs of impounding the vehicle as mentioned in section 29AQ.

(5) If the motor vehicle is disposed of by sale to a person, the purchaser holds title to the vehicle free of any interest existing in it before the disposal.

(6) If the Commissioner of Police sells the vehicle under this section, the proceeds of the sale must be paid as follows:

(a) first - in payment of the expenses of the sale;

(b) second - in payment of the costs incurred by the Territory for any impounding determination or impounding order for the vehicle;

(c) third - in payment of the costs incurred by the Territory for giving notice to a person about the proposed disposal;

(d) fourth - in payment of the amount owing to the holder of a security interest registered for the vehicle under the Registration of Interests in Motor Vehicles and Other Goods Act or a corresponding law of another jurisdiction;

(e) fifth - to the owner of the vehicle.

(7) If, after making reasonable attempts to locate the owner, the Commissioner has not done so, the amount payable to the owner under subsection (6) must be paid to the Central Holding Authority.