New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 565

565 Third party protection

(1) This section applies if, under section 563, a thing or sample becomes the property of the Regulator and applies to the following parties-

(a) the owner of the thing or sample, except where the owner gave consent under section 563(b);

(b) a person who has a registered interest in the thing or sample.

(2) A party mentioned in subsection (1) may apply to a relevant tribunal or court for an order-

(a) that ownership of the thing or sample be transferred to the applicant, if the applicant had full ownership of the thing or sample immediately before the thing or sample became the property of the Regulator under section 561; or

(b) that, if the applicant had a registered interest in the thing or sample immediately before it became the property of the Regulator-

(i) the thing or sample be sold; and

(ii) the Regulator pay to the applicant, and any other persons with a registered interest in the thing or sample, an amount commensurate with the value of their respective interest.

(3) If the thing or sample has been sold or otherwise disposed of, the Regulator must pay to-

(a) an applicant who had a registered interest in the thing or sample immediately before the thing or sample was sold or otherwise disposed of, an amount commensurate with the value of the applicant’s interest; or

(b) an applicant who was an owner of the thing or sample, the amount obtained through its sale or disposal.

(4) Leave of the relevant tribunal or court is required to bring an application if 6 months or more have elapsed since the thing or sample became the property of the Regulator.

(5) The relevant tribunal or court may grant leave under subsection (4) only if it is satisfied that the delay in making the application was not due to the applicant’s neglect.

(6) The relevant tribunal or court may make an order-

(a) declaring the nature, extent and, if necessary for the order, the value (at the time the declaration is made) of the applicant’s registered interest; and

(b) directing the Regulator-

(i) if the thing or sample is vested in the Regulator and the applicant has full ownership of the thing or sample, to transfer ownership of the thing or sample to the applicant; or

(ii) if the thing or sample is no longer vested in the Regulator, or if the applicant does not have full ownership of the thing or sample, to pay to the applicant the value of the applicant’s registered interest in the thing or sample.

(7) The relevant tribunal or court may make an order under subsection (6) only if it is satisfied that the offence with respect to which the thing or sample was seized occurred without the knowledge or consent of the applicant.

(8) Any amount to be paid under this section is to be paid out of the proceeds (if any) of the sale of the thing or sample.

(9) The Regulator may deduct any reasonable costs incurred in dealing with the thing or sample from an amount ordered to be paid under this section.