(b) a document specified under a regulation for the
vehicle is—
(i) not displayed on the vehicle in the way required under the
regulation; or
(ii) if a document is displayed on the vehicle as required
under the regulation and the authorised officer has inspected the vehicle
under section 34—in the reasonable opinion of the officer, false or
misleading in a material particular; and
(c) the authorised officer
reasonably believes an offence that may be constituted by anything mentioned
in paragraph (b) involving the vehicle has been committed; and
(d) the
authorised officer, after making reasonable inquiries—
(i) can not find the
person (the
"seller" ) selling the vehicle, whether as owner or otherwise; or
(ii) if the
seller is found, reasonably believes a name or address given by the seller is
false; and
(e) while making the inquiries, the authorised officer warned any
person to whom the officer has made an inquiry about the vehicle that it may
be seized if the authorised officer—
(a) satisfying an
authorised officer the person claiming the vehicle is the owner; and
(b)
paying the reasonable costs of seizing, moving and storing the vehicle and the
seizure notice under subsection (4) .
(4) The chief executive must, as soon
as possible after a vehicle is seized under this section, give notice (a
"seizure notice" ) of its seizure in a newspaper circulating in the locality
where the vehicle was seized.
(a) a description of the vehicle and any registration number
displayed on it;
(b) where and when it was seized;
(c) a statement to the
effect of subsection (3) .
(6) If the vehicle is not reclaimed within 1 month
after the seizure notice is published, the chief executive may sell the
vehicle by public auction.
(7) The proceeds of the sale of the vehicle must
be applied in the following order—
(a) in payment of the expenses of the
sale;
(b) in payment of the costs of seizing, moving and storing the vehicle
and the seizure notice;
(c) if there is an amount owing to an entity under a
security interest registered for the vehicle under the
Personal Property Securities Act 2009 (Cwlth) —in payment of the amount
owing under the security interest;
(d) in payment of the balance to the
owner, or if the owner can not be found, into the consolidated fund.
(7A) A
secured party can not enforce any security interest in the proceeds of sale
against an entity to whom an amount is payable under subsection (7) (a) or (b)
.
(8) An authorised officer is taken to have made reasonable inquiries to
find a person mentioned in subsection (1) (d) if the officer has not been able
to find the person after making reasonable inquiries—
(a) at an address
indicated on or near the vehicle not more than 10km from the vehicle; or
(b)
by making a telephone call to a phone number displayed on or near the vehicle.
(9) Sections 42and 45apply to a vehicle seized under this section with all
necessary changes.