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TASMANIA
__________
POLICE OFFENCES AMENDMENT BILL
2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 4A amended (Custody of intoxicated persons)
6. Section 15C amended (Dangerous articles)
7. Section 15D inserted
15D. Use, carriage and possession of crossbows
8. Part IVA, Division 1: Heading inserted
Division 1 Motor vehicle stealing, &c.
9. Section 37J inserted
37J. Excessive noise, smoke, &c., from vehicles
10. Part IVA, Division 2 inserted
Division 2 Confiscation of vehicles for certain offences
Subdivision 1 Preliminary
37K. Interpretation of Division
37L. Application of Division
37M. Punishment under Division additional to other
punishment
Subdivision 2 Confiscation of vehicles
37N. Confiscation of vehicles
37O. Period of confiscation for first prescribed offence
[Bill 19]-IX
37P. Period of confiscation for second prescribed
offence
37Q. Period of confiscation for third or subsequent
offence
37R. Transportation of vehicle to holding yard
37S. Unlawful interference with, or removal of,
confiscated vehicle
37T. Notice of confiscation to be given
37U. Content of notice for first offence
37V. Content of notice for second or subsequent
offence
37W. Advice to registered operator of date of hearing
37X. Costs of confiscation
Subdivision 3 Forfeiture orders
37Y. Application for forfeiture order
37Z. Defence to show no knowledge and consent
37ZA. Powers for enforcing forfeiture order
37ZB. Third party protection from forfeiture order
Subdivision 4 Recovery and return of vehicles
37ZC. Recovery of vehicle confiscated for first
prescribed offence
37ZD. Return of vehicle confiscated for second or
subsequent prescribed offence
37ZE. Confiscated vehicle to be returned in certain
circumstances
37ZF. Return of vehicle in case of severe hardship
37ZG. Return of vehicle if driver found not guilty, &c.
37ZH. Disposal of confiscated vehicle
37ZI. Disposal of forfeited vehicle
37ZJ. Voluntary transfer of ownership of vehicle to
Crown
37ZK. Confiscated vehicle not to be sold, &c., while
confiscated
37ZL. Application of proceeds of sale
37ZM. Protection from liability
11. Section 55 amended (Arrest)
2
POLICE OFFENCES AMENDMENT BILL
2004
(Brought in by the Minister for Police and Public Safety,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Police Offences Act 1935
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Police Offences
Amendment Act 2004.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Police Offences Act 1935* is referred to
as the Principal Act.
*No. 44 of 1935
[Bill 19] 3
s. 4 No. Police Offences Amendment 2004
Section 3 amended (Interpretation)
4. Section 3(1) of the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "court":
"crossbow" means a device, consisting
of a bow fitted transversely on a
stock that has a groove or barrel,
designed to direct an arrow or bolt;
(b) by inserting the following definition after the
definition of "data":
"found offending" has the meaning
assigned to it in section 55(5);
Section 4A amended (Custody of intoxicated
persons)
5. Section 4A of the Principal Act is amended by inserting
after subsection (6) the following subsection:
(6A) If, on the expiration of the period of 8
hours referred to in subsection (6)(a), a police officer
of or above the rank of inspector believes on
reasonable grounds that a person in custody
remains
(a) likely to cause injury to himself, herself
or another person, or damage to any
property; or
(b) incapable of protecting himself or herself
from physical harm
the person may be detained for a further period of 4
hours.
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2004 Police Offences Amendment No. s. 6
Section 15C amended (Dangerous articles)
6. Section 15C of the Principal Act is amended as follows:
(a) by inserting the following subsection after
subsection (1):
(1A) Subsection (1) does not apply to
(a) a police officer acting in the
performance of his or her duties;
or
(b) a person, or group of persons,
excluded in writing by the
Commissioner from the
application of that subsection.
(b) by inserting in subsection (2) "and may stop,
detain and search, without a warrant, the
person's vehicle" after "excuse";
(c) by inserting the following subsection after
subsection (5):
(6) For the purposes of this section, a
person who is in a motor vehicle in a public
place is taken to be in the public place.
Section 15D inserted
7. After section 15C of the Principal Act, the following
section is inserted in Division II:
Use, carriage and possession of crossbows
15D. (1) A person must not use, carry or have
possession of a crossbow unless he or she is
authorised in writing by the Commissioner to do so.
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s. 7 No. Police Offences Amendment 2004
Penalty: Fine not exceeding 20 penalty units.
(2) A person may apply to the Commissioner
for a permit to use, carry or have possession of a
crossbow.
(3) An application for a permit is to
(a) be in an approved form; and
(b) include details of the following:
(i) the type of crossbow;
(ii) the reason for its possession,
carriage or use;
(iii) the means by which it is to be
stored when not in use;
(iv) any other prescribed matter.
(4) The Commissioner may grant an
application subject to any conditions the
Commissioner considers appropriate.
(5) The Commissioner must not grant an
application unless the Commissioner is satisfied
that the applicant
(a) is at least 18 years old; and
(b) is a natural person; and
(c) is a fit and proper person to use, carry or
have possession of a crossbow; and
(d) is able to safely store the crossbow; and
(e) has a legitimate reason for using,
carrying or possessing a crossbow,
including for the purpose of conducting
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2004 Police Offences Amendment No. s. 7
research, hunting vermin or another
purpose the Commissioner considers
appropriate.
(6) In deciding whether a person is a fit and
proper person, the Commissioner is to take into
account the following:
(a) any likelihood of the person using a
crossbow
(i) for an unlawful purpose; or
(ii) to harm himself or herself;
(b) the mental and physical condition of the
person;
(c) any criminal activity of the person,
whether in Tasmania or elsewhere;
(d) any offence committed by the person
under this Act, the Guns Act 1991 or the
Firearms Act 1996;
(e) the ability of the person to exercise
continuous and responsible control over
a crossbow;
(f) whether the person is subject to a
restraint order or an interim restraint
order or has at any time within the
previous 5 years been subject to such an
order;
(g) whether the person is subject to a
recognisance, granted in Tasmania or
elsewhere, to keep the peace.
(7) A person authorised under this section
must carry a copy of the authorisation at all times
7
s. 8 No. Police Offences Amendment 2004
while he or she has possession of, or is carrying or
using, a crossbow.
Penalty: Fine not exceeding 10 penalty units.
(8) A police officer may seize and detain any
crossbow used, carried or kept in contravention of
this section.
(9) If a person is convicted or found guilty of
an offence under this section, the crossbow to which
the offence relates is forfeited and may be disposed
of as the court orders.
(10) Nothing in this section prevents a person
from being prosecuted for the use, carriage or
possession of a crossbow in contravention of another
Act.
(11) A person does not commit an offence
under subsection (1) in respect of the possession of a
crossbow if the person lawfully obtained the
crossbow before the commencement of that
subsection.
(12) Subsection (11) expires on
31 December 2004.
Part IVA, Division 1: Heading inserted
8. Part IVA of the Principal Act is amended by inserting
the following heading before section 37A:
Division 1 Motor vehicle stealing, &c.
Section 37J inserted
9. After section 37I of the Principal Act, the following
section is inserted in Division 1:
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2004 Police Offences Amendment No. s. 10
Excessive noise, smoke, &c., from vehicles
37J. (1) A person must not, unless otherwise
authorised under this or any other Act, operate or
control a vehicle in a public place
(a) in a manner that makes or emits
unnecessary and unreasonable noise; or
(b) in an exhibition of speed, acceleration or
sustained loss of traction; or
(c) in a race against another vehicle.
Penalty: Fine not exceeding 20 penalty units
or imprisonment for a term not
exceeding 3 months, or both.
(2) A court that convicts a person of an offence
under subsection (1) may, in addition to the penalty
specified in that subsection, disqualify the person
from driving for a period not exceeding 2 years.
(3) When a court imposes a disqualification
from driving under this section, it must suspend or
cancel any Australian driver licence held by the
person on whom the disqualification is imposed as
required by section 17 of the Vehicle and Traffic Act
1999.
Part IVA, Division 2 inserted
10. After section 37I of the Principal Act, the following
Division is inserted in Part IVA:
9
s. 10 No. Police Offences Amendment 2004
Division 2 Confiscation of vehicles for certain
offences
Subdivision 1 Preliminary
Interpretation of Division
37K. In this Division, unless the contrary intention
appears
"confiscated vehicle" means a vehicle
confiscated under section 37N(1);
"Court" means the Magistrates Court;
"forfeiture order" means an order under
section 37Y;
"prescribed offence" means an offence
against
(a) section 15B involving the use of a
motor vehicle; or
(b) section 37J; or
(c) section 48.
Application of Division
37L. (1) This Division applies where a police officer
reasonably believes a person is committing, or has
committed, a prescribed offence.
(2) A reference in this Division to a prescribed
offence is a reference to a prescribed offence
committed after the commencement of this Division.
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2004 Police Offences Amendment No. s. 10
(3) Nothing in this Division, except for
section 37Y(5), affects the rights of a creditor under
the Consumer Credit (Tasmania) Code.
Punishment under Division additional to other
punishment
37M. The confiscation or forfeiture of a vehicle or
the imposition of a period of community service on a
person under this Division arising out of the
commission of a prescribed offence is in addition to
any other penalty that may be imposed on the
person for the prescribed offence.
Subdivision 2 Confiscation of vehicles
Confiscation of vehicles
37N. (1) If a police officer reasonably believes that a
prescribed offence involving a vehicle has been, or is
being, committed, the police officer may
(a) confiscate the vehicle; and
(b) have the vehicle moved to a holding yard
and held in accordance with this
Division.
(2) A police officer must not confiscate a
vehicle more than 10 days after the commission of
the prescribed offence.
(3) For the purpose of confiscating a vehicle, a
police officer may
(a) direct the person in control of the vehicle
to stop the vehicle and keep it stationary
11
s. 10 No. Police Offences Amendment 2004
for as long as the officer reasonably
requires; and
(b) direct the person in control of the
vehicle, or in possession of the keys or
any other thing necessary to enable the
vehicle to be moved, to give the keys or
other thing to the police officer; and
(c) enter the vehicle, with the use of
reasonable force if necessary; and
(d) take any other action reasonably
necessary for confiscating the vehicle.
(4) A police officer is to move a confiscated
vehicle, or arrange for it to be moved, to a holding
yard in any way that the police officer considers
appropriate.
(5) A person who contravenes or fails to
comply with a direction given under subsection (3) is
guilty of an offence and is liable on summary
conviction to a fine not exceeding 20 penalty units.
Period of confiscation for first prescribed
offence
37O. If a person is found offending in respect of a
prescribed offence by a police officer and that person
has not been found offending in respect of a
prescribed offence in the preceding 12 months, the
vehicle used in connection with the offence may be
confiscated for a period of 48 hours.
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2004 Police Offences Amendment No. s. 10
Period of confiscation for second prescribed
offence
37P. If a person is found offending in respect of a
prescribed offence by a police officer and that person
has been found offending in respect of a prescribed
offence on one or 2 occasions in the preceding 12
months, the vehicle used in connection with the
offence may be confiscated for a period of 3 months.
Period of confiscation for third or subsequent
offence
37Q. If a person is found offending in respect of a
prescribed offence by a police officer and that person
has been found offending in respect of a prescribed
offence on 3 or more occasions in the preceding 12
months, the vehicle used in connection with the
offence may be confiscated until the resolution of all
existing charges against the person for those
offences.
Transportation of vehicle to holding yard
37R. (1) A police officer may arrange for a
confiscated vehicle to be driven or transported to a
holding yard.
(2) A person responsible for driving or
transporting a confiscated vehicle must drive or
transport the vehicle
(a) directly to a particular holding yard, if
so directed by a police officer; or
13
s. 10 No. Police Offences Amendment 2004
(b) if no such direction is given, directly to
the holding yard to which the person
usually transports confiscated vehicles.
Penalty: Fine not exceeding 20 penalty units.
Unlawful interference with, or removal of,
confiscated vehicle
37S. (1) A person must not unlawfully interfere
with a confiscated vehicle, or take a confiscated
vehicle from the person responsible for driving or
transporting it to a holding yard.
Penalty: Fine not exceeding 20 penalty units.
(2) A person must not unlawfully remove a
confiscated vehicle from a holding yard.
Penalty: Fine not exceeding 40 penalty units.
(3) If there is a contravention of subsection (1),
or a confiscated vehicle is unlawfully removed from
a holding yard, a police officer may seize and move
the vehicle to a holding yard.
(4) For the purposes of subsection (3), a police
officer may, without warrant, enter any place where
the police officer reasonably suspects that the
vehicle may be found.
Notice of confiscation to be given
37T. (1) As soon as reasonably practicable after a
vehicle is confiscated, a police officer is to give
written notice of its confiscation to
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2004 Police Offences Amendment No. s. 10
(a) the person in control of the vehicle at the
time of the relevant prescribed offence;
and
(b) any registered operator of the vehicle
who can be ascertained after reasonable
inquiry; and
(c) any owner of the vehicle who can be
ascertained after reasonable inquiry.
(2) The notice is to include the information
required under section 37U or 37V.
Content of notice for first offence
37U. A notice of confiscation where a person has
committed, or has been charged with committing, a
first prescribed offence is to include the following:
(a) a statement that the vehicle is
confiscated for 48 hours and will not be
released before that time without the
order of the Court or the written
authority of a police officer of or above
the rank of inspector;
(b) directions as to how the registered
operator or owner of the confiscated
vehicle may recover the vehicle;
(c) a statement that, before the vehicle may
be recovered, the person recovering the
vehicle will be required
(i) to produce to the person
responsible for the holding yard
satisfactory evidence of his or her
identity and a written authority
15
s. 10 No. Police Offences Amendment 2004
from the registered operator or
owner of the vehicle to collect the
vehicle; and
(ii) to pay the costs of moving the
vehicle to, keeping the vehicle in
and releasing the vehicle from the
holding yard;
(d) notice of the penalty for unlawfully
removing the vehicle from the place at
which it is held.
Content of notice for second or subsequent
offence
37V. A notice of confiscation where a person has
committed, or been charged with committing, a
second or subsequent prescribed offence is to state
the following:
(a) the period for which the vehicle is
confiscated;
(b) that an application may be made to the
Court by a police officer for the forfeiture
of the vehicle;
(c) that the person in control of the vehicle
at the time the prescribed offence was
committed or the registered operator or
owner may apply to the Court, at any
time before the application is heard and
determined, for the return of the vehicle
until the application is heard and
determined;
(d) that, in support of an application under
paragraph (c), the registered operator or
16
2004 Police Offences Amendment No. s. 10
owner may be required to produce
satisfactory evidence of the ownership of
the vehicle;
(e) that, if the vehicle is returned under
paragraph (c), the Court may impose
conditions on its return;
(f) that, before the vehicle may be
recovered, the person recovering the
vehicle will be required
(i) to produce to the person
responsible for the holding yard
satisfactory evidence of his or her
identity and authority to collect
the vehicle; and
(ii) to pay the costs of moving the
vehicle to, keeping the vehicle in
and releasing the vehicle from the
holding yard; and
(g) the penalty for unlawfully removing the
vehicle from the holding yard at which it
is held.
Advice to registered operator of date of
hearing
37W. As soon as reasonably practicable after a date
is set for the hearing of an application for a
forfeiture order for a confiscated vehicle, the Court is
to give written notice of the date, time and place of
the hearing to
(a) the person in control of the vehicle at the
time of the relevant prescribed offence;
and
17
s. 10 No. Police Offences Amendment 2004
(b) any registered operator of the vehicle
who can be ascertained after reasonable
inquiry; and
(c) any owner of the vehicle who can be
ascertained after reasonable inquiry.
Costs of confiscation
37X. (1) A vehicle confiscated under this Division is
not to be returned until the costs of moving the
vehicle to, keeping the vehicle in and releasing the
vehicle from a holding yard have been paid.
(2) If a person is found not guilty of the
prescribed offence or offences for which they are
charged, or the proceeding is withdrawn, the Crown
is liable to pay the costs of moving, keeping and
releasing the vehicle.
Subdivision 3 Forfeiture orders
Application for forfeiture order
37Y. (1) Within 3 months after a vehicle is
confiscated in accordance with section 37Q, a police
officer may apply to the Court for forfeiture of the
vehicle.
(2) The Court may make an order that a
confiscated vehicle be forfeited to the Crown, if the
driver has, within 12 months before the day when
the vehicle was confiscated, been convicted of an
earlier prescribed offence on 2 or more occasions.
(3) On the making of a forfeiture order for a
vehicle
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2004 Police Offences Amendment No. s. 10
(a) the vehicle becomes the property of the
Crown; and
(b) any right of a person to enforce a charge
or other security interest registered
under the Motor Vehicles Securities Act
1984 against a person other than the
State by taking possession of the vehicle
is extinguished.
(4) An application under subsection (1) is to be
made to the Court even though the value of the
vehicle may be more than the monetary jurisdiction
of the Court.
(5) The driver, registered operator or owner of
a vehicle confiscated under section 37Q may apply to
the Court, at any time before the application for
forfeiture is heard and determined, for the return of
the vehicle.
(6) If the Court is satisfied that the
confiscation or forfeiture of a vehicle will cause
severe hardship to a person, the Court may order
that the vehicle be returned to the registered
operator or owner until the application for forfeiture
is heard and determined.
(7) The Court may, on the return of the
vehicle under subsection (6), impose such conditions
on the use of the vehicle as it considers appropriate.
(8) The registered operator or owner of the
vehicle must not substantially alter, sell or
otherwise dispose of a vehicle returned under
subsection (6) until the application for forfeiture is
determined or withdrawn.
Penalty: Fine not exceeding 40 penalty units.
19
s. 10 No. Police Offences Amendment 2004
Defence to show no knowledge and consent
37Z. (1) In a proceeding for forfeiture of a
confiscated vehicle, it is a defence for the registered
operator or owner of the vehicle to show that the
prescribed offence happened without his or her
knowledge and consent.
(2) If a Court is satisfied that the defence
referred to in subsection (1) is established, the Court
is to order that the vehicle be returned to the
registered operator or owner on payment of the costs
payable under section 37X(1).
Powers for enforcing forfeiture order
37ZA. If the Court orders the return of a vehicle to
its registered operator under section 37Y(6) and
later makes a forfeiture order for the vehicle, the
Court may, in the order, authorise a police officer,
without warrant, to enter any place where the police
officer reasonably believes the vehicle may be found
and search for, seize and move the vehicle to a
holding yard.
Third party protection from forfeiture order
37ZB. (1) A person, other than the defendant, who
did not appear at the hearing of an application for
forfeiture and has an interest in the relevant vehicle
may apply to the Court for an order under
subsection (5).
(2) Unless the Court gives leave, the
application must be made within 6 months after the
day on which the forfeiture order was made.
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2004 Police Offences Amendment No. s. 10
(3) Unless the Court gives leave, a person who
was given notice of the application for forfeiture may
not apply to the Court for an order under
subsection (5).
(4) The Court may give leave for a later
application if it is satisfied that the delay in
applying was not due to the applicant's neglect.
(5) On an application, an order may be made
(a) declaring the nature, extent and, if
necessary for the order, the value (when
the declaration is made) of the
applicant's interest in the vehicle; and
(b) directing the Crown
(i) if the vehicle is still vested in the
Crown, to transfer the vehicle to
the applicant; or
(ii) if the vehicle is no longer vested in
the Crown, to pay to the applicant
the value of the applicant's
interest in the vehicle after taking
into account any amount paid to
the holder of a registered security
interest under section 37ZL(1)(c).
(6) The Court must, and may only, make the
order if it is satisfied that
(a) the applicant has or, but for the
forfeiture, would have had a lawful
interest in the vehicle; and
(b) the relevant prescribed offence
happened without the knowledge or
consent of the applicant.
21
s. 10 No. Police Offences Amendment 2004
(7) For the purposes of an application under
this Division, including an application for leave to
apply
(a) the applicant must give notice of the
making of the application to the
Commissioner; and
(b) the party given notice is to be a party to
the application.
(8) In this section
"defendant" means the person convicted of
the prescribed offence in respect of
which the forfeiture order was made;
"relevant prescribed offence" means the
prescribed offence in respect of which
the forfeiture order was made.
Subdivision 4 Recovery and return of vehicles
Recovery of vehicle confiscated for first
prescribed offence
37ZC. If a notice under section 37U has been served
on a person, the confiscated vehicle may, on
payment of the costs payable under section 37X(1),
be recovered from the holding yard as soon as
reasonably practicable during normal business
hours after the expiration of 48 hours after the
vehicle is confiscated.
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2004 Police Offences Amendment No. s. 10
Return of vehicle confiscated for second or
subsequent prescribed offence
37ZD. (1) If a vehicle is confiscated by a police
officer under section 37P or 37Q, the person in
control of the vehicle at the time of the prescribed
offence, a registered operator or an owner may apply
to the Court for the return of the vehicle.
(2) If the Court is satisfied that the
confiscation of a vehicle is causing, or will cause,
severe hardship to a person, the Court may order
that the vehicle be returned to the registered
operator or owner.
(3) The Court may, on the return of the
vehicle, impose such conditions as it considers
appropriate on the use of the vehicle.
(4) A person must not substantially alter, sell
or otherwise dispose of a vehicle returned under
subsection (2) until the charge giving rise to the
confiscation is determined.
Penalty: Fine not exceeding 40 penalty units.
Confiscated vehicle to be returned in certain
circumstances
37ZE. (1) If a police officer of or above the rank of
inspector considers it necessary or desirable in the
circumstances, he or she may authorise the
immediate return of a confiscated vehicle on
payment of the costs payable under section 37X(1).
(2) If a confiscated vehicle was, at the time of
the prescribed offence, stolen or was being hired, the
vehicle must be returned to the registered operator
23
s. 10 No. Police Offences Amendment 2004
or owner as soon as reasonably practicable during
normal business hours.
Return of vehicle in case of severe hardship
37ZF. (1) If the Court is satisfied that the
confiscation or forfeiture of a vehicle will cause
severe hardship to a person, the Court may, instead
of ordering the confiscation or forfeiture, order
that
(a) the vehicle be returned to the registered
operator or owner; and
(b) the person convicted of the prescribed
offence perform not more than 240 hours
of community service.
(2) If the Court makes an order under
subsection (1), the vehicle must be returned as soon
as reasonably practicable.
Return of vehicle if driver found not guilty,
&c.
37ZG. If a person is found not guilty of a prescribed
offence or the proceeding is discontinued, and the
relevant vehicle is not the subject of another
confiscation order under this Division, the vehicle
must be returned to its registered operator or owner
as soon as reasonably practicable during normal
business hours.
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2004 Police Offences Amendment No. s. 10
Disposal of confiscated vehicle
37ZH. (1) If, within 2 months after a period of
confiscation of a vehicle ends, the vehicle is not
recovered, the Commissioner may sell or dispose of
the vehicle and anything in or on it in a way the
Commissioner considers appropriate.
(2) The Commissioner must
(a) advertise the proposed sale or disposal
in a newspaper circulating in the locality
where the vehicle was confiscated; and
(b) give written notice of the proposed sale
or disposal of the vehicle to the
registered operator.
Disposal of forfeited vehicle
37ZI. (1) The Commissioner may sell a vehicle
forfeited to the Crown under this Division or
otherwise dispose of it in a way the Commissioner
considers appropriate.
(2) Before the vehicle is sold or otherwise
disposed of, the registered operator or a person
authorised by the registered operator may remove
any contents from the vehicle that are not part of
the vehicle or attached to it.
Voluntary transfer of ownership of vehicle to
Crown
37ZJ. (1) If a confiscated vehicle is not subject to
any interest, charge, lien or encumbrance, the owner
25
s. 10 No. Police Offences Amendment 2004
may agree to transfer ownership of the vehicle to the
Crown at the end of the period of confiscation.
(2) The agreement is to be written and
witnessed by a person who may witness a statutory
declaration.
(3) If the Crown agrees in writing to the
transfer of the vehicle
(a) the vehicle becomes the property of the
Crown; and
(b) the Commissioner may sell or dispose of
the vehicle and anything in it or on it in
a way the Commissioner considers
appropriate; and
(c) before the vehicle is transferred, the
owner or a person authorised by the
owner may remove any contents from
the vehicle that are not part of the
vehicle or attached to it.
Confiscated vehicle not to be sold, &c., while
confiscated
37ZK. A confiscated vehicle must not be sold or
otherwise disposed of during the period of
confiscation or whilst it is subject to a Court order
under this Act.
Application of proceeds of sale
37ZL. (1) If the Commissioner sells a vehicle under
section 37ZH or 37ZI, the proceeds of the sale of the
vehicle are to be paid as follows:
26
2004 Police Offences Amendment No. s. 10
(a) firstly, in payment of the expenses of the
sale;
(b) secondly, in payment of the costs of and
incidental to confiscating and keeping
the vehicle;
(c) thirdly, if there is an amount owing to a
person under a security interest
registered for the vehicle under the
Motor Vehicles Securities Act 1984, in
payment of the amount owing to the
holder of the security interest;
(d) fourthly
(i) if the vehicle is sold under
section 37ZH, to the owner; or
(ii) if the vehicle is sold under
section 37ZI, to the Consolidated
Fund.
(2) Compensation is not recoverable against
the Crown in relation to a payment made under this
section.
Protection from liability
37ZM. (1) A police officer acting in good faith is not
liable for any damage to, or depreciation, loss or loss
of use of, the vehicle during the confiscation of the
vehicle or the period for which it is held under this
Act.
(2) A liability which, but for subsection (1),
attaches to a police officer, instead attaches to the
Crown.
27
s. 11 No. Police Offences Amendment 2004
(3) If a police officer arranges the
transportation of a vehicle under section 37R to a
holding yard, the Crown is not liable for any
damage, loss or depreciation to the vehicle while it is
being driven or transported to, or confiscated in, the
holding yard.
Section 55 amended (Arrest)
11. Section 55(1) of the Principal Act is amended by
omitting paragraph (c) and substituting the following
paragraphs:
(c) section 15B, 15C or 15D; or
(d) section 37J(1).
28 Government Printer, Tasmania