Australian Capital Territory Current Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 10A

    (1)     If a police officer believes on reasonable grounds that a person has committed an offence against section 8 (Menacing driving), the police officer may apply to the Magistrates Court for an order that the motor vehicle used by the person to commit the offence be impounded.

    (2)     The application may be made whether or not the person has been charged with the offence.

Note     Subsection (10) provides that this section does not apply if a court convicts or finds a person guilty of an offence against s 8. In that case, the court would deal with the person under s 10B.

    (3)     If the court is satisfied on the balance of probabilities that the person committed the offence, the court must order the motor vehicle is to be impounded for 3 months, unless the court otherwise orders under subsection (4).

    (4)     The court may, by order, specify a shorter period of impounding or dispense with the period of impounding to avoid excessive hardship or other injustice to anyone.

    (5)     In deciding whether to make an order under subsection (4), the court—

        (a)     must have regard to the circumstances of the offence, including the risk to the safety of road users; and

        (b)     may seek evidence from a police officer about the circumstances of the offence.

    (6)     Subsection (5) does not limit, by implication, the matters to which the court may have regard or prevent the person from presenting evidence about the circumstances of the offence.

    (7)     Any period for which the motor vehicle was impounded under section 10BA (Powers of police officers to issue surrender notices for motor vehicles) or section 10C (Powers of police officers to seize and impound vehicles used in committing certain offences) counts towards a period of impounding of the motor vehicle under this section.

    (8)     If the court makes an order under this section and the motor vehicle has not already been impounded under section 10BA or section 10C, the court may order the responsible person for the vehicle to surrender the motor vehicle to the chief police officer within a stated time and in a stated way.

    (9)     The court may also make an order authorising any police officer to seize the vehicle from any place if the order under subsection (8) is not complied with.

    (10)     This section does not apply if a court convicts the person, or finds the person guilty, of an offence against section 8 (Menacing driving).