CRIMINAL LAW (CLAMPING, IMPOUNDING AND FORFEITURE OF VEHICLES) ACT 2007 - SECT 20
CRIMINAL LAW (CLAMPING, IMPOUNDING AND FORFEITURE OF VEHICLES) ACT 2007 - SECT 20
(1) The Sheriff may
dispose of a motor vehicle that is the subject of an order for forfeiture
under this Act.
(2) Despite this or
any other law, if a motor vehicle that has been impounded under this Act is
not collected by a person legally entitled to possession of the motor vehicle
within 10 days of the motor vehicle ceasing to be liable to be so
impounded, the Sheriff or, in the case of a motor vehicle impounded under Part
2, the Commissioner, may dispose of the motor vehicle.
(3) A motor vehicle
must not be disposed of under subsection (2) unless, not less than
7 days before the disposal, notice of the disposal was given to—
(a) each
registered owner of the motor vehicle; and
(b) each
person registered under the Personal Property Securities Act 2009 of the
Commonwealth as a secured party in relation to a security interest for which
the motor vehicle is collateral.
(4) Subject to
subsection (5), a disposal of a motor vehicle under this section is to be
by sale by public auction or public tender.
(5) A forfeited or
impounded motor vehicle may be disposed of otherwise than by sale if—
(a) the
Sheriff or the Commissioner (as the case may be) believes on reasonable
grounds that the motor vehicle has no monetary value or that the proceeds of
the sale would be unlikely to exceed the costs of the sale; or
(b) the
motor vehicle has been offered for sale and was not sold; or
(c) the
Commissioner directs (on such grounds as the Commissioner thinks fit) that the
motor vehicle be destroyed or disposed of in some other way.
(6) The proceeds of
the sale of a motor vehicle under this section must be dealt with as follows:
(a) in
the case of the sale of a forfeited motor vehicle, the Sheriff—
(i)
must deduct from the proceeds the costs of the sale of
the motor vehicle and any fees ordered to be paid in accordance with this Act;
and
(ii)
if an amount remains after the deduction of those costs
and fees and the Magistrates Court has made an order under
section 21(1)(c)—must make a payment in accordance with the order;
and
(iii)
any remaining amount must be paid into the Victims of
Crime Fund established under the Victims of Crime Act 2001 ;
(b) in
the case of the sale of an impounded motor vehicle, the Sheriff or the
Commissioner (as the case may be)—
(i)
must deduct from the proceeds—
(A) the costs of the sale of the
motor vehicle and any fees ordered to be paid in accordance with this Act; and
(B) any other costs resulting from the
failure to collect the motor vehicle; and
(ii)
if an amount remains after the deduction of those costs
and fees and the Magistrates Court has made an order under
section 21(1)(c)—must make any payment required in accordance with
the order; and
(iii)
any remaining amount must be dealt with in accordance
with section 6 of the Unclaimed Money Act 2021 as money the owner of
which cannot be found.
(7) Despite any other
Act or law, if a motor vehicle is sold, destroyed or otherwise disposed of
under this section—
(a) any
interests in the motor vehicle existing prior to the sale, destruction or
disposal are extinguished; and
(b) any
purchaser of the motor vehicle, or of any part of the motor vehicle, acquires
a good title.
(8) The regulations
may make further provision in relation to the sale, destruction or disposal of
impounded or forfeited motor vehicles in accordance with this section.