Australian Capital Territory Numbered Regulations

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) REGULATIONS AMENDMENT 2001 (2001 NO 32) - REG 23

substitute

112     Disposal of impounded vehicles—Act, s 10J
(NSW (Gen) cl 15)

    (1)     This regulation applies to a vehicle impounded under the following provisions of the Act:

        (a)     section 10AA (Impounding of vehicles used for menacing driving on court order before conviction etc);

        (b)     section 10A (Impounding or forfeiture of vehicles on conviction etc for certain offences);

        (c)     section 10B (Powers of police officers to seize and impound vehicles used in committing certain offences).

    (2)     If a person has not applied to the chief police officer for the release of the vehicle at the end of the period of impoundment, the chief police officer must, by notice served on the registered operator of the vehicle and every person who has a registered interest in the vehicle, warn them that the vehicle may be offered for sale if the vehicle is not removed from the place of impoundment within 28 days after the day of service of the notice.

    (3)     The vehicle may be offered for sale, by public auction or public tender, if the vehicle is not removed within 28 days after service of the notice or, if more than 1 notice is served under subsection (2), the later of the notices.

    (4)     A person may apply to the chief police officer for payment to the person of the balance of the proceeds of sale of a vehicle within 1 year after the vehicle is sold in accordance with subregulation (3).

    (5)     The balance of the proceeds of sale may be paid to the person if the person satisfies the chief police officer that—

        (a)     the person was lawfully entitled to possession of the vehicle immediately before its sale; and

        (b)     there was a reasonable excuse for the person's failure to obtain release of the vehicle before it was sold.

    (6)     In this regulation:

"balance of the proceeds of sale", of a vehicle, means the proceeds of the sale of the vehicle less—

        (a)     any fee or other amount payable under the Road Transport (General) Act 1999 for the seizure, impounding and storage of the vehicle; and

        (b)     the reasonable costs of or incidental to the sale.

112A     Disposal of forfeited vehicles—Act, s 10J
(NSW (Gen) cl 15)

A vehicle that has been forfeited to the Territory under the Act, section 10A (Impounding or forfeiture of vehicles on conviction etc for certain offences) may be offered for sale by public auction or public tender.