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ROAD TRAFFIC ACT 1974 - SECT 80V

ROAD TRAFFIC ACT 1974 - SECT 80V

80V .         Sale or other disposal of confiscated motor cycle and items on it

        (1)         In this section —

        confiscated motor cycle means a motor cycle that is confiscated under section 80T(1);

        item , in relation to a confiscated motor cycle, means an item that was in or on the motor cycle at the time when it was impounded under this Subdivision.

        (2)         The Commissioner may sell or otherwise dispose of a confiscated motor cycle or an item.

        (3)         The owner of an item may apply to the Magistrates Court for an order that the item be returned.

        (4)         Proceeds of the sale or disposal under subsection (2) of a confiscated motor cycle or item are to be paid in the following order of priority —

            (a)         for expenses incurred in selling the motor cycle or item;

            (b)         for expenses incurred consequent on the confiscation of the motor cycle;

            (c)         in satisfaction of an unpaid amount for which a person is liable under section 80U;

            (d)         in satisfaction of an unpaid amount of a judgment debt arising out of a liability under section 80U;

            (e)         in satisfaction of any unpaid amount known to the Commissioner —

                  (i)         for which the motor cycle was nominated in writing as security for the payment of that amount; and

                  (ii)         that, but for the confiscation of the motor cycle, would have been payable to a person other than the person convicted of the offence in respect of which the motor cycle was confiscated;

            (f)         the balance, to the credit of the Road Trauma Trust Account established in accordance with the Road Safety Council Act 2002 section 12.

        [Section 80V inserted: No. 51 of 2016 s. 45.]