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POLICE POWERS AND RESPONSIBILITIES (MOTOR VEHICLE IMPOUNDMENT) AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 15 - SECT 73

73 Insertion of new s 121A

After section 121—

insert—

'(1) This section applies if—

(a) a driver is found not guilty of a prescribed offence or the proceeding for the offence is discontinued; and
(b) the commissioner has before the happening of the event mentioned in paragraph (a) received the motor vehicle to which the offence relates under this chapter; and
(c) the commissioner has—
(i) sold the motor vehicle; or
(ii) otherwise disposed of the vehicle.

'(2) Compensation is payable by the State to the person whose motor vehicle is sold or otherwise disposed of.

'(3) The Minister is to decide the amount of the compensation.

'(4) A person who is dissatisfied with the Minister's decision under subsection (3) may apply to a court, within 28 days, for compensation under this section.

'(5) If the person applies under subsection (4), the court may decide the amount of the compensation.'.



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