14—Commissioner may give notice prohibiting sale of vehicle
(1) If the
Commissioner reasonably believes that—
(a) a
power to clamp or impound a motor vehicle may be exercised under Part 2; but
(b) that
power is not to be exercised immediately,
the Commissioner may give the owner of the motor vehicle (or, if there is more
than 1 owner of the motor vehicle, 1 or more of the owners of the
motor vehicle) a notice in the prescribed form prohibiting the sale or
disposal of the motor vehicle until the power under Part 2 has been exercised.
(2) If—
(a) a
person—
(i)
is to be, or has been, reported for a prescribed offence
and has been advised of that fact; or
(ii)
has been charged with, or arrested in relation to, a
prescribed offence; and
(b) the
Commissioner reasonably believes that, if the person were convicted of the
offence, an application could be made under Part 3 in relation to a
motor vehicle,
the Commissioner may give the owner of the motor vehicle (or, if there is more
than 1 owner of the motor vehicle, 1 or more of the owners of the
motor vehicle) a notice in the prescribed form prohibiting the sale or
disposal of the motor vehicle until proceedings relating to the offence have
been finalised.
(3) If—
(a) the
Commissioner gives an owner of a motor vehicle a notice under
subsection (2); and
(b) that
owner is not the alleged offender,
the Commissioner must make reasonable efforts to notify the owner when
proceedings relating to the offence have been finalised.
(4) An owner of a
motor vehicle must not sell or otherwise dispose of the motor vehicle in
contravention of a notice given under this section.
Maximum penalty: $2 500 or imprisonment for 6 months.
(5) It is a defence to
a charge of an offence under subsection (4) if the defendant proves that
he or she—
(a) was
not given a notice under this section in relation to the motor vehicle; and
(b) did
not know, and could not reasonably be expected to have known, that a notice
had been given under this section in relation to the motor vehicle.
(6) If—
(a) a
person is found guilty by a court of an offence against subsection (4);
and
(b) the
court is provided with evidence of the value of the motor vehicle sold or
disposed of by the person,
the court may (in addition to any other penalty imposed in respect of the
offence) require payment by the person of an amount determined by the court to
be a reasonable estimate of the value of the motor vehicle.
(7) An amount paid in
accordance with a requirement under subsection (6) must be paid into the
Victims of Crime Fund established under the Victims of Crime Act 2001 .
(8) The Commissioner
may, at any time, withdraw a notice under this section and must withdraw a
notice if the Commissioner becomes aware that no charges are to be laid in
respect of the relevant prescribed offence or that charges relating to the
relevant prescribed offence are not to be proceeded with.
(9) If the
Commissioner withdraws a notice given under this section to the owner or
1 or more of the owners of a motor vehicle, the Commissioner must, as
soon as practicable, give written notice of the withdrawal to the owner or
owners.
(10) Nothing in this
section affects the rights of a credit provider to repossess a motor vehicle
and sell it.