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POLICE POWERS AND RESPONSIBILITIES (MOTOR VEHICLE IMPOUNDMENT) AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 15 - SECT 67

67 Amendment of s 116 (Release of motor vehicle impounded under s 74)

(1) Section 116, heading, 'under s 74'â€

omit, insert—

'or immobilised under this chapter'.

(2) Section 116(1)—

omit, insert—

'(1) This section applies if—

(a) an impounding notice or immobilising notice under section 78 was given to a person; or
(b) an impounding notice under section 81 was given to a person.'.

(3) Section 116—

insert—

'(2A) Also, if the owner of the motor vehicle is liable to pay the costs of removing the motor vehicle to, and keeping it at, a place at which it is kept, the owner is entitled, when the period for which the motor vehicle is immobilised ends, and on payment of the costs, to recover the motor vehicle from the place.'.

(4) Section 116(3)—

omit, insert—

'(3) If, under section 111(2), the State is liable to pay the costs of removing the motor vehicle to, and keeping it at, the holding yard or place at which it is kept, the owner is entitled, when the impoundment period for which the motor vehicle is impounded ends, or the period for which the motor vehicle is immobilised ends, to recover the motor vehicle from the holding yard or place, whether or not the State has paid the costs.'.

(5) Section 116(4), after 'subsection (2)'—

insert—

'or (2A)'.



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