ROAD TRAFFIC ACT 1974 - SECT 79BCA
ROAD TRAFFIC ACT 1974 - SECT 79BCA
79BCA . Surrender substitute vehicle notice
(1) This section
applies if —
(a) a
vehicle (the initially impounded vehicle ) is impounded under section 79, 79A
or 79BB; and
(b)
under section 79D(2), the initially impounded vehicle is released before the
impounding period ends; and
(c) the
person (the alleged offender ) who allegedly committed the offence in respect
of which the initially impounded vehicle was impounded (the offence ) is a
responsible person for one or more other vehicles.
(2) If this section
applies, a police officer may give the alleged offender, personally or by
registered post, a notice in accordance with this section (a surrender
substitute vehicle notice ).
(3) The surrender
substitute vehicle notice cannot be given after 28 days after the date of the
release of the initially impounded vehicle.
(4) The surrender
substitute vehicle notice must contain a statement to the effect that, because
the initially impounded vehicle has been released, a vehicle for which the
alleged offender is a responsible person (the substitute vehicle ) is required
to be surrendered to the Commissioner for impounding instead of the initially
impounded vehicle.
(5) The surrender
substitute vehicle notice must specify the following —
(a) in
relation to the offence, its details and the time and place at which it is
suspected to have been committed; and
(b)
which of sections 79(1) and 79A(1) is the provision that authorised the
impounding of the initially impounded vehicle (the impounding provision ); and
(c)
sufficient details of the initially impounded vehicle to identify it; and
(d) when
the initially impounded vehicle was impounded; and
(e) when
the initially impounded vehicle was released under section 79D(2); and
(f)
sufficient details of the substitute vehicle to identify it; and
(g) if
the impounding provision is section 79(1) and the alleged offender is a
previous offender as defined in section 79(1A), sufficient details to explain
why the alleged offender is regarded as a previous offender; and
(h) the
length of the impounding period for the substitute vehicle, which is to be
—
(i)
if section 79(1) was the impounding provision for the
initially impounded vehicle, either 28 days or 3 months according to which of
those periods was the impounding period for which section 79(1) required the
initially impounded vehicle to be impounded; and
(ii)
if section 79A(1) was the impounding provision for the
initially impounded vehicle, 28 days;
and
(i)
the place at which, and the time of day during which, the
vehicle and its keys are required to be surrendered under this Division; and
(j) the
last day on or before which the vehicle and its keys are required to be
surrendered, being the seventh day after the day on which the notice is given.
(6) The surrender
substitute vehicle notice must also include —
(a) a
statement to the effect that this Division contains law about the notice and
the impounding of the vehicle; and
(b) a
statement as to the effect of section 79BCB(5) and (6); and
(c) a
statement to the effect that failure to comply with the notice will result in
the vehicle being impounded under section 79BCB(2).
(7) If the alleged
offender is a responsible person for 2 or more other vehicles, the surrender
substitute vehicle notice must specify only one of them as the substitute
vehicle, being the one decided by the police officer issuing the notice.
[Section 79BCA inserted: No. 20 of 2010 s. 6;
amended: No. 8 of 2012 s. 37; No. 51 of 2016 s. 24.]