Queensland Consolidated Acts

TOW TRUCK ACT 1973 - SECT 27

27 Execution against motor vehicle

(1) Any warrant of execution for the amount of any penalty for an offence against section 5 or 26 may be executed by seizure and sale of the goods and chattels of the offender and, where the motor vehicle in respect of which the offence was committed is not the sole and absolute property of the offender, by seizure and sale of that motor vehicle as if it were the sole and absolute property of the offender.

(1A) Where the motor vehicle in respect of which the offence was committed comprised a trailer attached to a motor vehicle the warrant may be executed by seizure and sale of the trailer or the motor vehicle to which it was attached, or both of them.

(2) If it appears to the person to whom the warrant is directed that the motor vehicle is not, at the time of its seizure, the sole and absolute property of the offender, such person shall pay the whole of the proceeds of the sale of the motor vehicle to the clerk of the court to whom the warrant orders the person to pay the amount to be levied thereunder.

(2A) So much of such proceeds as exceeds the amount ordered to be levied and the costs and charges of the execution shall be deemed to have come into the custody of the clerk of the court in connection with the proceedings in respect of the offence.

(3) Any justice shall, upon the application of the chief executive or a person acting under the general or particular authority of the chief executive, issue a warrant of execution for any amount that has not been paid of any penalty for an offence against section 5 or 26 .

(3A) Notwithstanding the provisions of the Justices Act 1886 a justice—

(a) shall not postpone the issue of the warrant of execution; and

(b) shall issue the warrant of execution notwithstanding that the decision adjudging the penalty made no provision for the levy thereof by distress or execution, or directed that in default of payment thereof forthwith or within a time allowed the offender should be imprisoned.

(4) This section does not authorise the execution of a warrant for recovery of any amount of penalty for an offence against section 5 or 26 —

(a) before the expiration of the time (if any) for payment of the penalty allowed by the justices adjudging the penalty as part of their decision; or

(b) after the offender has been imprisoned for default in paying the penalty.

(5) In this section—

"penalty" includes any costs or fees which the justices adjudging the penalty ordered, as part of their decision, to be paid.