Australian Capital Territory Current Acts

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

    (1)     A person may apply to the Magistrates Court for an order for the release to the person of a motor vehicle that has been—

        (a)     seized under section 10C (1) (a); or

        (b)     surrendered in the circumstances mentioned in section 10BA (1).

    (2)     This section applies whether or not an application has been made to the chief police officer under section 10G for the release of the vehicle.

    (3)     The court may order the release of the motor vehicle to the person if satisfied that—

        (a)     the person is entitled to the possession of the vehicle; and

        (b)     either—

              (i)     the offence for which the vehicle was impounded was not committed by, or with the consent of, the person and the person did not know, and could not reasonably be expected to have known, that the vehicle would be used for the commission of an offence; or

              (ii)     keeping the vehicle would cause excessive hardship or other injustice to anyone.

    (4)     The court may also remit all or part of any fee or other amount payable under the Road Transport (General) Act 1999

in relation to the seizure and impounding of the vehicle.

    (5)     If a motor vehicle is released to a person under this section, the person must acknowledge in writing receiving the vehicle.