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ROAD SAFETY AND OTHER ACTS (VEHICLE IMPOUNDMENT AND OTHER AMENDMENTS) BILL 2005

                 PARLIAMENT OF VICTORIA

Road Safety and Other Acts (Vehicle Impoundment
       and Other Amendments) Act 2005
                                   Act No.


                        TABLE OF PROVISIONS
Clause                                                                   Page

PART 1--PRELIMINARY                                                         2
  1.     Purposes                                                           2
  2.     Commencement                                                       3

PART 2--AMENDMENT OF ROAD SAFETY ACT 1986                                   4
  3.     New section 65A inserted                                           4
         65A. Improper use of motor vehicle                                 4
  4.     New Part 6A inserted                                               4
         PART 6A--IMPOUNDMENT, IMMOBILISATION AND
         FORFEITURE OF MOTOR VEHICLES                                       4
         Division 1--Preliminary                                            4
         84C.     Definitions                                               4
         84D.     This Part does not affect other penalties                 9
         84E.     Part has prospective application                          9
         Division 2--Impoundment or Immobilisation by Victoria
         Police                                                            10
         84F.     Powers of Victoria Police                                10
         84G.     Seizure of motor vehicle                                 11
         84H.     Surrender of motor vehicle                               12
         84I.     Impoundment or immobilisation of a motor vehicle         14
         84J.     Powers of persons authorised by Victoria Police          14
         84K.     Notice to driver and registered operator                 15
         84L.     Content of notice                                        15
         84M.     Review by a senior police officer                        17
         84N.     Release of motor vehicle by Victoria Police              18
         84O.     Appeal rights                                            19
         84P.     Offences                                                 20
         84Q.     Recovery of motor vehicle                                21
         84R.     Crown to pay costs if driver found not guilty or
                  charges not proceeded with                               22




                                        i
551363B.I1-27/10/2005                          BILL LA INTRODUCTION 27/10/2005

 


 

Clause Page Division 3--Impoundment, Immobilisation or Forfeiture by Court Order 22 84S. Impoundment or immobilisation order 22 84T. Forfeiture order 23 84U. Application for an impoundment or immobilisation order or a forfeiture order 24 84V. Substitution of motor vehicle 25 84W. Notice of application 26 84X. Interest in motor vehicle not to be transferred 28 84Y. Notice where 2 or more charges laid 28 84Z. Hearing of application 30 84ZA. Application for variation of order 32 84ZB. When order takes effect 33 84ZC. Police powers 35 84ZD. Liability for costs of impoundment or immobilisation 35 84ZE. Rights of owners 35 84ZF. Third party protection from forfeiture order 35 Division 4--Search and Seizure Warrants 38 84ZG. Application for search and seizure warrant 38 84ZH. Search and seizure warrant 39 84ZI. Record of proceedings for search and seizure warrant 40 84ZJ. Announcement before entry 40 84ZK. Copy of search and seizure warrant to be given to occupier 41 84ZL. Use of assistants to execute search and seizure warrant 41 84ZM. Application of Magistrates' Court Act 1989 41 84ZN. Expiry of search and seizure warrant 42 84ZO. Report on execution of search and seizure warrant 42 84ZP. Obstruction or hindrance of person executing search and seizure warrant 43 Division 5--Disposal of Motor Vehicles 43 84ZQ. Sale or disposal of uncollected motor vehicles and items 43 84ZR. Sale or disposal of motor vehicle subject to forfeiture order 45 84ZS. Application of proceeds of sale 45 5. Detention or immobilisation of motor vehicles 46 6. Subject-matter for regulations 46 ii 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Clause Page PART 3--AMENDMENT OF VARIOUS ACTS--SENTENCING ORDERS 47 7. Amendment of Children and Young Persons Act 1989 47 8. Amendment of Children, Youth and Families Act 2005 47 9. Amendment of Crimes Act 1958 48 10. Amendment of Magistrates' Court Act 1989 48 PART 4--AMENDMENT OF COMMONWEALTH GAMES ARRANGEMENTS ACT 2001 49 11. Removal of vehicles obstructing Games management area 49 12. Amendment to Schedule 5--Infringement Notices 49 PART 5--AMENDMENT OF VARIOUS ACTS--DRUG OFFENCES 51 13. Amendment to section 4 of the Bail Act 1977 51 14. Amendment to section 76 of the Drugs, Poisons and Controlled Substances Act 1981 52 15. Amendment to Schedule 1 to the Sentencing Act 1991 52 16. Amendment to section 50 of the Working with Children Act 2005 53 ENDNOTES 54 iii 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Road Safety Act 1986 to enable the seizure, impoundment, immobilisation and forfeiture of motor vehicles in certain circumstances and to create a new offence relating to the improper use of a motor vehicle, to make miscellaneous amendments to the Children and Young Persons Act 1989, the Children, Youth and Families Act 2005, the Magistrates' Court Act 1989, the Crimes Act 1958, the Commonwealth Games Arrangements Act 2001, the Bail Act 1977, the Drugs, Poisons and Controlled Substances Act 1981, the Sentencing Act 1991 and the Working with Children Act 2005 and for other purposes. Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 The Parliament of Victoria enacts as follows: 1 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 1--Preliminary s. 1 PART 1--PRELIMINARY 1. Purposes The purposes of this Act are-- (a) to amend the Road Safety Act 1986-- (i) to enable the seizure and impoundment 5 or immobilisation by Victoria Police of motor vehicles in certain circumstances; and (ii) to allow a court to order the impoundment, immobilisation or 10 forfeiture of motor vehicles in certain circumstances; and (iii) to create a new offence relating to the improper use of a motor vehicle; and (b) to make consequential amendments to the 15 Children and Young Persons Act 1989, the Children, Youth and Families Act 2005, the Magistrates' Court Act 1989 and the Crimes Act 1958 to expand the definitions of "sentencing order" and "sentence"; and 20 (c) to amend the Commonwealth Games Arrangements Act 2001 to-- (i) enable authorised officers to exercise the same powers as Victoria Police to remove motor vehicles which obstruct a 25 Games management area; and (ii) expand the range of offences that may be subject to infringement notices; and 2 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 1--Preliminary s. 2 (d) to amend the Bail Act 1977, the Drugs, Poisons and Controlled Substances Act 1981, the Sentencing Act 1991 and the Working with Children Act 2005 to make reference to new Commonwealth drug 5 offences and to make consequential amendments. 2. Commencement (1) This Act, except Parts 2 and 3, comes into operation on the day after the day on which it 10 receives the Royal Assent. (2) Subject to sub-section (3), Parts 2 and 3 (except section 8) come into operation on a day to be proclaimed. (3) If Parts 2 and 3 (except section 8) do not come 15 into operation before 1 July 2006, they come into operation on that day. (4) Section 8 comes into operation on the day on which section 3 of the Children, Youth and Families Act 2005 comes into operation. 20 __________________ 3 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 3 See: PART 2--AMENDMENT OF ROAD SAFETY ACT 1986 Act No. 127/1986. 3. New section 65A inserted Reprint No. 9 as at After section 65 of the Road Safety Act 1986 25 August 2005 and insert-- amending Act No. "65A. Improper use of motor vehicle 5 19/1991, 111/2003, (1) A person must not drive a motor vehicle in a 21/2005 and 24/2005. manner which causes the motor vehicle to LawToday: undergo loss of traction by one or more of www.dms. dpc.vic. the motor vehicle's wheels. gov.au Penalty: 5 penalty units. 10 (2) In a proceeding for an offence against sub- section (1) it is a defence to the charge for the accused to prove that he or she had not intentionally caused the alleged loss of traction.". 15 4. New Part 6A inserted After Part 6 of the Road Safety Act 1986 insert-- 'PART 6A--IMPOUNDMENT, IMMOBILISATION AND FORFEITURE OF 20 MOTOR VEHICLES Division 1--Preliminary 84C. Definitions (1) In this Part-- "appeal period", in relation to a conviction 25 or an impoundment or immobilisation order or a forfeiture order, means the period ending-- (a) if the period provided for the lodging of an appeal against the 30 4 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 conviction or order has ended without such an appeal having been lodged, at the end of that period; or (b) if an appeal against the conviction 5 or order has been lodged, when the appeal is abandoned or finally determined; "authorised person" means a person authorised by a member of the police 10 force under section 84J; "conviction", in relation to a relevant offence, includes a finding of guilt of the relevant offence without the recording of a conviction; 15 "designated costs" means the cost of impounding or immobilising a motor vehicle under this Part including, where relevant, the cost of-- (a) driving or moving the motor 20 vehicle to a holding yard or place where the motor vehicle is to be immobilised; and (b) storing the motor vehicle at the holding yard or place where the 25 motor vehicle is immobilised; and (c) releasing the motor vehicle from the holding yard or from immobilisation-- and includes any additional costs 30 incurred if the motor vehicle is impounded or immobilised for longer than the designated period or the period specified under an impoundment or immobilisation order; 35 5 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 "designated period", in relation to a motor vehicle, means the period of 48 hours beginning with the seizure or surrender of the motor vehicle under section 84G or 84H, but if the period expires outside 5 of normal business hours, the period extends to 9.00 a.m. on the next business day, being a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays 10 Act 1993; "driver", in relation to a motor vehicle, means the person who was driving or in charge of the motor vehicle at the time when it was involved in the 15 commission of a relevant offence; "forfeiture order" means an order made by a court under section 84T; "hired", in relation to a motor vehicle, means a motor vehicle that-- 20 (a) is owned by a person whose business is the short term hire of motor vehicles; and (b) is part of the business's fleet; and (c) under a written agreement, is hired 25 for the hirer's short term use; "holding yard" means a place used for the storage of motor vehicles impounded under this Part; "impoundment or immobilisation order" 30 means an order made by a court under section 84S; 6 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 "improper use of a motor vehicle", in relation to a relevant offence, means the driving of a motor vehicle in a manner which intentionally causes the motor vehicle to undergo loss of traction by 5 one or more of the wheels of the motor vehicle; "public place" has the same meaning as in the Summary Offences Act 1966; "relevant court", in relation to an 10 application made under this Part, means-- (a) the court with jurisdiction to hear and determine the relevant offence to which the application relates; or 15 (b) if an application is made after the sentencing of the driver for a relevant offence, the Magistrates' Court; "relevant offence" means-- 20 (a) subject to sub-section (2), an offence against section 30(1); (b) an offence against section 64(1) in circumstances involving improper use of a motor vehicle; 25 (c) an offence against section 65 in circumstances involving improper use of a motor vehicle; (d) an offence against section 65A(1); (e) an offence against section 68(1) 30 or (2); 7 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (f) an offence against rule 20 of the Road Rules in circumstances where the motor vehicle is driven-- (i) at 45 kilometres per hour or 5 more over the applicable speed-limit; or (ii) if the applicable speed-limit is 110 kilometres per hour, at a speed of 145 kilometres per 10 hour or more; (g) an offence against rule 291 of the Road Rules in circumstances involving improper use of a motor vehicle; 15 (h) an offence against rule 297 of the Road Rules in circumstances involving improper use of a motor vehicle; "Road Rules" means the Road Rules as 20 defined in regulation 105(1) of the Road Safety (Road Rules) Regulations 1999; "search and seizure warrant" means a warrant issued under section 84ZH(1); 25 "senior police officer" means a member of the police force of or above the rank of Inspector; "substituted motor vehicle" means a motor vehicle subject to an order for 30 substitution made under section 84V(3); "tow truck" has the same meaning as in the Transport Act 1983. 8 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (2) An offence against section 30(1) is only a relevant offence in relation to a person if that person had at any other time since the commencement of Part 2 of the Road Safety and Other Acts (Vehicle Impoundment 5 and Other Amendments) Act 2005 been convicted of an offence against that section committed on or after that commencement. (3) For the purposes of an application for an impoundment or immobilisation order or a 10 forfeiture order, a charge of more than one relevant offence arising out of the same single set of circumstances is to be treated as a charge of one relevant offence. (4) For the purposes of sub-section (3), a single 15 set of circumstances is constituted by one continuous period during which a person continues to drive or be in charge of a motor vehicle. 84D. This Part does not affect other penalties 20 The impoundment, immobilisation or forfeiture of a motor vehicle under this Part arising out of the commission of a relevant offence is in addition to, and does not limit or otherwise affect, any penalty that may be 25 imposed on the person for the relevant offence other than under this Part. 84E. Part has prospective application (1) This Part applies only to offences committed on or after the commencement of Part 2 of 30 the Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005. 9 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (2) For the purposes of Division 3, a second or third offence is only a second or third offence if the first offence was, or the first and second offences were (as the case requires) committed on or after the 5 commencement of Part 2 of the Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005. Division 2--Impoundment or Immobilisation by Victoria Police 10 84F. Powers of Victoria Police (1) If a member of the police force believes on reasonable grounds that a motor vehicle is being, or has, that day or within the preceding 10 days, been used in the 15 commission of a relevant offence, he or she may-- (a) seize the motor vehicle or require it to be surrendered; and (b) impound or immobilise the motor 20 vehicle for the designated period; and (c) authorise any person under section 84J to assist in seizing, impounding or immobilising the motor vehicle. (2) If a member of the police force has exercised 25 a power to seize and impound or immobilise a motor vehicle under this Division and that motor vehicle has since been released, the power to seize, impound or immobilise a motor vehicle under this Division for the 30 same relevant offence is exhausted. 10 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 84G. Seizure of motor vehicle (1) For the purposes of impounding or immobilising a motor vehicle under this Part, a member of the police force may seize the motor vehicle-- 5 (a) from a public place; or (b) from a place that is not a public place with the consent of the owner or occupier of that place; or (c) from a place that is not a public place 10 with a search and seizure warrant issued under Division 4. (2) The period within which a motor vehicle may be seized under sub-section (1) is-- (a) in the case of seizure from a public 15 place or a place that is not a public place with the consent of the owner or occupier of that place-- (i) 48 hours after the alleged commission of the relevant 20 offence; or (ii) if a notice is served under section 84H(1), 10 days after the expiry of the period specified in that notice; or 25 (b) in the case of seizure from a place that is not a public place under a search and seizure warrant issued under Division 4, the period specified in that warrant. 30 (3) In order to seize a motor vehicle a member of the police force may-- 11 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (a) require the driver of the motor vehicle to stop the motor vehicle and cause it to remain stopped; (b) enter the motor vehicle, using reasonable force if necessary, for the 5 purpose of moving the motor vehicle; (c) direct the driver, or any person in possession of the ignition keys or other keys to the motor vehicle, to give the keys to a member of the police force or 10 an authorised person; (d) if, after having taken reasonable steps to obtain the keys, the keys are not available, cause any locking device or other feature of the motor vehicle that 15 is impeding the exercise of the power to seize the motor vehicle to be removed, dismantled or neutralised, and start the motor vehicle by other means. 84H. Surrender of motor vehicle 20 (1) If, more than 48 hours after the commission of a relevant offence, a member of the police force believes on reasonable grounds that a motor vehicle was used in the commission of a relevant offence, he or she may serve a 25 notice on the registered operator of the motor vehicle requiring the surrender of the motor vehicle. Note: See section 93 for how a notice may be served. (2) A notice served under sub-section (1) 30 must-- (a) be served within 10 days after the commission of the relevant offence; and 12 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (b) allow at least 7 days after the notice is served for the surrender of the motor vehicle. (3) A notice under sub-section (1) must include-- 5 (a) a statement by a member of the police force that the motor vehicle is liable to impoundment or immobilisation because that member believes on reasonable grounds that the motor 10 vehicle was used in the commission of a relevant offence within the preceding 10 days; and (b) a statement of the nature of the relevant offence and the date and time when the 15 relevant offence is alleged to have been committed; and (c) the name of the driver of the motor vehicle who is alleged to have committed the relevant offence; and 20 (d) the date, time and place at which the motor vehicle is required to be surrendered to a member of the police force; and (e) a statement that if the motor vehicle is 25 not surrendered at the date, time and place specified in the notice a member of the police force may seize the motor vehicle in accordance with section 84G; and 30 (f) the prescribed particulars (if any). 13 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (4) If the motor vehicle is not surrendered to a member of the police force at the date, time and place specified in a notice served under sub-section (1), a member of the police force may, within 10 days after the period 5 specified in the notice expires, exercise any power under section 84F or 84G to seize the motor vehicle. 84I. Impoundment or immobilisation of a motor vehicle 10 If a motor vehicle is seized or surrendered in accordance with section 84G or 84H, a member of the police force may-- (a) move, or cause to be moved, the motor vehicle to a holding yard by any 15 reasonable and appropriate means and impound it there for the balance of the designated period; or (b) cause the motor vehicle to be immobilised (whether by wheel clamps 20 or any other means) for the balance of the designated period-- and may do anything else reasonably necessary to impound or immobilise the motor vehicle. 25 84J. Powers of persons authorised by Victoria Police In exercising powers under this Part a member of the police force may authorise any person to assist him or her to-- 30 (a) enter a motor vehicle; (b) remove, dismantle or neutralise any locking device or other relevant feature of a motor vehicle; 14 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (c) drive or move a motor vehicle to a holding yard by any reasonable means, including by the use of a tow truck; (d) cause a motor vehicle to be immobilised (whether by wheel clamps 5 or any other means); (e) store a motor vehicle in a holding yard; (f) release a motor vehicle when authorised by a member of the police force to do so. 10 84K. Notice to driver and registered operator (1) As soon as is reasonably practicable after a motor vehicle is impounded or immobilised under this Division, a member of the police force must serve written notice of the 15 impoundment or immobilisation on-- (a) the driver of the motor vehicle; and (b) if the driver is not the registered operator, the registered operator of the motor vehicle. 20 (2) If the registered operator of the motor vehicle is not the owner or sole owner of the motor vehicle, the registered operator must, as soon as is reasonably practicable, take reasonable steps to serve a copy of the notice 25 served under sub-section (1) on any owner of the motor vehicle. Note: See section 93 for how a notice may be served. 84L. Content of notice A notice under section 84K must be in a 30 form approved by the Chief Commissioner of Police and must state-- (a) the driver's name; and 15 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (b) the motor vehicle registration number and the make and model of the motor vehicle; and (c) the date and time when the motor vehicle was impounded or immobilised; 5 and (d) the relevant offence in respect of which the motor vehicle has been impounded or immobilised; and (e) the date and time when the motor 10 vehicle is eligible for release; and (f) the process by which the impounded or immobilised motor vehicle may be released, including-- (i) the location of the motor vehicle; 15 and (ii) the designated costs payable; and (iii) if relevant, the contact details of the person who can release an immobilised motor vehicle; and 20 (iv) that satisfactory evidence of the entitlement of a person seeking to have the motor vehicle released may be required before the motor vehicle will be released; and 25 (g) that if the driver has committed a previous relevant offence since the commencement of Part 2 of the Road Safety and Other Acts (Vehicle Impoundment and Other 30 Amendments) Act 2005 the Chief Commissioner of Police may apply to the relevant court for an order that-- 16 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (i) if the driver has been found guilty of one relevant offence within the 3 years immediately preceding the date of the relevant offence to which the notice relates, the motor 5 vehicle be impounded or immobilised for a period of up to 3 months; or (ii) if the driver has been found guilty of 2 or more relevant offences 10 within the 3 years immediately preceding the date of the relevant offence to which the notice relates, the motor vehicle be forfeited to the Crown; and 15 (h) any other prescribed particulars. 84M. Review by a senior police officer (1) A member of the police force who impounds or immobilises a motor vehicle, or who authorises another person to do so, must, as 20 soon as is practicable and in any event within 48 hours after the motor vehicle is impounded or immobilised, notify a senior police officer of the grounds on which he or she relied in forming the belief that the 25 motor vehicle was used in the commission of a relevant offence. (2) A senior police officer who is notified in accordance with sub-section (1) must make inquiries into the circumstances of the 30 impoundment or immobilisation and if, after making those inquiries, he or she is not satisfied that there were reasonable grounds to impound or immobilise the motor vehicle, must ensure that the motor vehicle is 35 returned to the registered operator as soon as is practicable. 17 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 84N. Release of motor vehicle by Victoria Police (1) A motor vehicle must be released to the registered operator or any other person entitled to possession as soon as is 5 practicable if-- (a) a member of the police force is satisfied that, at the time the relevant offence was committed, the motor vehicle used in the commission of the relevant 10 offence was stolen or hired; or (b) under section 84M a senior police officer is not satisfied that there were reasonable grounds to impound or immobilise the motor vehicle; or 15 (c) a senior police officer considers it reasonable or necessary to release the motor vehicle; or (d) the Magistrates' Court has made an order under section 84O(3). 20 (2) If a motor vehicle is released in accordance with sub-section (1)(a) or (b) the Crown is liable to pay the designated costs. (3) A senior police officer may, at his or her discretion, waive the designated costs if a 25 motor vehicle is released in accordance with sub-section (1)(c). (4) If-- (a) a motor vehicle is released without any designated costs payable by a person 30 seeking the release of the motor vehicle in accordance with this section; and 18 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (b) the driver is subsequently found guilty of the relevant offence for which the motor vehicle was impounded or immobilised-- the Chief Commissioner of Police may apply 5 to the relevant court for an order that the driver pay to the Chief Commissioner of Police the designated costs. 84O. Appeal rights (1) If a motor vehicle is impounded or 10 immobilised under this Division, a person whose interests are substantially affected by the impoundment or immobilisation of the motor vehicle may apply to the Magistrates' Court for an order that the motor vehicle be 15 released on the ground that the impoundment or immobilisation is causing, or will cause, exceptional hardship to the applicant or any other person. (2) An application under sub-section (1) may be 20 made at any time while the motor vehicle remains impounded or immobilised, including where the impoundment or immobilisation continues for longer than the designated period as a result of non-payment 25 of the designated costs. (3) On an application made under sub- section (1), the Magistrates' Court may make an order that a motor vehicle impounded or immobilised under this Division be released 30 to a specified person if the Court is satisfied that the impoundment or immobilisation is causing, or will cause, exceptional hardship to the applicant or any other person. 19 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (4) If the Magistrates' Court makes an order under sub-section (3) it may order that the applicant is not liable to pay all or part of the designated costs. 84P. Offences 5 (1) A person must not, except in accordance with this Part or section 63A, move an impounded or immobilised motor vehicle or tamper with any of the equipment used to immobilise a motor vehicle. 10 Penalty: 60 penalty units. (2) It is not an offence under sub-section (1) to move an impounded or immobilised motor vehicle or disable any of the equipment used to immobilise a motor vehicle-- 15 (a) if the impounded or immobilised motor vehicle is obstructing access to any property and it is necessary to move the motor vehicle to protect any person or property from a risk of imminent harm; 20 or (b) to protect the motor vehicle from a risk of imminent harm. Example 25 If an immobilised motor vehicle is located outside a burning house, emergency service personnel may move the motor vehicle if it is necessary to do so in order to gain access to the property or to ensure the safety of the motor vehicle. (3) A person must not obstruct or hinder an 30 authorised person in the valid exercise of a power under this Part. Penalty: 60 penalty units. 20 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 84Q. Recovery of motor vehicle (1) An impounded or immobilised motor vehicle must be released to the registered operator or any other person entitled to possession of it-- 5 (a) on the expiration of the designated period; and (b) on the payment of the designated costs; and (c) on provision of satisfactory evidence, 10 as prescribed, of that person's identity and his or her entitlement to recover the motor vehicle; and (d) subject to satisfactory compliance with the prescribed particulars (if any). 15 (2) If no decision or order to release the motor vehicle has been made under section 84N or 84O, a member of the police force or an authorised person may-- (a) retain possession of an impounded 20 motor vehicle; or (b) continue to immobilise a motor vehicle-- in accordance with this Division until the designated costs are paid, even if the period 25 during which the motor vehicle is impounded or immobilised is longer than the designated period. 21 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 84R. Crown to pay costs if driver found not guilty or charges not proceeded with If-- (a) the driver of a motor vehicle is subsequently found not guilty of the 5 relevant offence in respect of which the motor vehicle was impounded or immobilised and is not found guilty of any other relevant offence arising out of the same single set of circumstances; or 10 (b) no charge for a relevant offence is laid or such a charge is laid but not proceeded with within 12 months after the motor vehicle was impounded or immobilised-- 15 then-- (c) the Crown is liable to refund any designated costs paid by any person; or (d) the motor vehicle, if not already recovered by the registered operator or 20 any other person entitled to possession of it, must be immediately released without any designated costs payable by the person seeking recovery of the motor vehicle. 25 Division 3--Impoundment, Immobilisation or Forfeiture by Court Order 84S. Impoundment or immobilisation order (1) On the application of the Chief Commissioner of Police under section 30 84U(1), if a driver is found guilty of a relevant offence the relevant court may order that the motor vehicle used in the commission of the relevant offence or a 22 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 substituted motor vehicle be impounded or immobilised for a period of up to 3 months. (2) An order under sub-section (1) may only be made if the relevant court is satisfied-- (a) that the defendant has been found guilty 5 of one previous relevant offence committed in the period of 3 years before the commission of the relevant offence; and (b) that, if the application is in respect of 10 the motor vehicle used in the commission of the relevant offence, at the time the relevant offence was committed that motor vehicle was not-- 15 (i) a stolen motor vehicle; or (ii) a hired motor vehicle; or (iii) being used in any prescribed circumstances. (3) An order made under sub-section (1) must 20 specify the time and place at which the registered operator of the motor vehicle is required to surrender the motor vehicle to a member of the police force. 84T. Forfeiture order 25 (1) On the application of the Chief Commissioner of Police under section 84U(1), if a driver is found guilty of a relevant offence the relevant court may order that the motor vehicle used in the 30 commission of the relevant offence or a substituted motor vehicle be forfeited to the Crown. 23 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (2) An order under sub-section (1) may only be made if the relevant court is satisfied-- (a) that the defendant has been found guilty of 2 or more previous relevant offences committed in the period of 3 years 5 before the commission of the relevant offence; and (b) that, if the application is in respect of the motor vehicle used in the commission of the relevant offence, at 10 the time the relevant offence was committed that motor vehicle was not-- (i) a stolen motor vehicle; or (ii) a hired motor vehicle; or 15 (iii) being used in any prescribed circumstances. (3) A forfeiture order under sub-section (1) must specify the time and place at which the registered operator of the 20 motor vehicle is required to surrender the motor vehicle to a member of the police force. 84U. Application for an impoundment or immobilisation order or a forfeiture order 25 (1) An application for an impoundment or immobilisation order or a forfeiture order may be made by the Chief Commissioner of Police to the relevant court if the Chief Commissioner believes on reasonable 30 grounds that-- (a) if the motor vehicle is not a substituted motor vehicle, it was-- (i) used in the commission of the relevant offence; and 35 24 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (ii) at the time the relevant offence was committed the motor vehicle was not stolen, hired or used in prescribed circumstances; and (b) the driver has been found guilty of a 5 previous relevant offence or offences (as the case requires) committed within the period of 3 years before the commission of the relevant offence. (2) An application under sub-section (1) may be 10 made at any time after a charge is laid in relation to a relevant offence, but may not be made later than 28 days after the driver is sentenced for a relevant offence. 84V. Substitution of motor vehicle 15 (1) If the driver of a motor vehicle used in the commission of a relevant offence is not the registered operator of that motor vehicle, the Chief Commissioner of Police may apply to the relevant court for an order that another 20 motor vehicle, for which the driver is the registered operator, be subject to an impoundment or immobilisation order or a forfeiture order. (2) An application made under sub-section (1) 25 must-- (a) be made in conjunction with an application under section 84U(1); and (b) specify the motor vehicle that was used in the commission of the relevant 30 offence; and 25 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (c) specify the motor vehicle that is sought to be substituted for the motor vehicle used in the commission of the relevant offence. (3) The relevant court may make an order for the 5 substitution of a motor vehicle if the court is satisfied that-- (a) the driver is not the registered operator of the motor vehicle used in the commission of the relevant offence; 10 and (b) the driver is the registered operator of the motor vehicle sought to be substituted; and (c) a substitution order would not cause 15 undue hardship to any person. 84W. Notice of application (1) If the Chief Commissioner of Police intends to make an application under section 84U(1), or under both sections 84U(1) and 84V(1), 20 he or she must, at least 28 days before making the application, serve notice of the intended application on-- (a) the driver; and (b) the registered operator of the motor 25 vehicle in respect of which an order is to be sought, if he or she is not the driver referred to in paragraph (a); and (c) any person who the Chief Commissioner of Police is aware has an 30 interest in the motor vehicle in respect of which an order is to be sought. Note: See section 93 for how a notice may be served. 26 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (2) A notice under sub-section (1) must specify the motor vehicle in respect of which an order is to be sought. (3) A notice served under sub-section (1) must state-- 5 (a) that if the driver is found guilty of a relevant offence, an application for an impoundment or immobilisation order or a forfeiture order will be made by the Chief Commissioner of Police in 10 respect of the motor vehicle specified in the notice; and (b) the registration number of that motor vehicle; and (c) that a person named in the notice may 15 appear before the relevant court at the hearing of the application and show cause why the order should not be made; and (d) that the person on whom the notice is 20 served must not sell or otherwise dispose of his or her interest in the relevant motor vehicle without the approval of the relevant court. (4) If a notice has been served under sub- 25 section (1) in respect of the motor vehicle used in the commission of the relevant offence, a notice in respect of a substituted motor vehicle may only be served under this section if the original notice has been 30 withdrawn. 27 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 84X. Interest in motor vehicle not to be transferred (1) A person on whom a notice is served under section 84W(1) must not, before the application referred to in the notice is made 5 and determined, without the approval of the relevant court, sell or otherwise dispose of any interest in the motor vehicle that is the subject of the notice. Penalty: 60 penalty units. 10 (2) Sub-section (1) ceases to apply if-- (a) the driver is found not guilty of the relevant offence for which the application is made and is not found guilty of any other relevant offence 15 arising out of the same single set of circumstances; or (b) the Chief Commissioner of Police does not make the application referred to in the notice within 28 days after the 20 driver is sentenced for a relevant offence; or (c) the charge for that relevant offence is withdrawn and no other charge is laid for any other relevant offence arising 25 out of the same single set of circumstances. 84Y. Notice where 2 or more charges laid (1) If a driver has been charged with 2 or more relevant offences, the Chief Commissioner 30 of Police may, before the charges are heard or determined, serve a notice on-- (a) the driver; and 28 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (b) the registered operator of the motor vehicle in respect of which an order is to be sought, if he or she is not the driver referred to in paragraph (a); and (c) any person who the Chief 5 Commissioner of Police is aware has an interest in the motor vehicle in respect of which an order is to be sought. (2) A notice under sub-section (1) must specify the motor vehicle in respect of which an 10 order is to be sought. (3) A notice served under sub-section (1) must state-- (a) that the Chief Commissioner of Police intends to make an application for an 15 impoundment or immobilisation order or a forfeiture order in relation to a specified motor vehicle if the driver is convicted of 2 or more previous relevant offences; and 20 (b) the registration number of the motor vehicle that is the subject of the notice; and (c) that a person named in the notice may, if the Chief Commissioner makes the 25 application, appear before the relevant court at the hearing of the application and show cause why the order should not be made; and (d) that the person on whom the notice is 30 served must not sell or otherwise dispose of his or her interest in the relevant motor vehicle without the approval of the relevant court. 29 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (4) A person on whom a notice is served under sub-section (1) must not, before the application referred to in the notice is made and determined, without the approval of the relevant court, sell or otherwise dispose of 5 any interest in the motor vehicle that is the subject of the notice. Penalty: 60 penalty units. (5) Sub-section (4) ceases to apply if-- (a) the driver is found not guilty of one or 10 more relevant offences which results in the driver being subject to only one remaining charge for a relevant offence; or (b) the Chief Commissioner of Police does 15 not make the application referred to in the notice within 28 days after the driver is sentenced for the second or third relevant offence; or (c) the charges for one or more of the 20 relevant offences specified in the notice are withdrawn which results in the driver being subject to only one remaining charge for a relevant offence. 84Z. Hearing of application 25 (1) The relevant court hearing an application for an impoundment or immobilisation order or a forfeiture order-- (a) must allow any person served with a notice under section 84W(1) or 84Y(1) 30 to be heard at the hearing of the application and to show cause why an impoundment or immobilisation order or a forfeiture order should not be made; and 35 30 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (b) may allow any other person to be heard if the court is satisfied that an impoundment or immobilisation order or a forfeiture order may substantially affect that person's interests. 5 (2) The court must not make an impoundment or immobilisation order or a forfeiture order if the registered operator of the motor vehicle that was used in the commission of the relevant offence can prove to the court's 10 satisfaction that the relevant offence was committed without the knowledge or consent of the registered operator. (3) The court may decline to make an impoundment or immobilisation order or a 15 forfeiture order if the court is satisfied that such an order would cause exceptional hardship to any person. (4) If the court makes an impoundment or immobilisation order the Chief 20 Commissioner of Police must notify the driver and the registered operator that if the motor vehicle is not collected or released within two months after the motor vehicle was impounded or immobilised the Chief 25 Commissioner of Police may sell or otherwise dispose of the motor vehicle and any item or thing left in or on the motor vehicle. 30 Note: Section 84ZQ provides that the Chief Commission of Police must give 14 days notice of any intention to sell or dispose of a motor vehicle or item or thing left in or on the motor vehicle. 31 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 84ZA. Application for variation of order (1) A person whose interests are substantially affected by an impoundment or immobilisation order or a forfeiture order may apply to the court that made the order 5 for variation of the order if the applicant can demonstrate-- (a) that since the impoundment or immobilisation order or forfeiture order was made the applicant's circumstances 10 have changed; and (b) that the impoundment or immobilisation order or forfeiture order is causing, or will cause, exceptional hardship to the applicant or any other 15 person. (2) An application under sub-section (1) to vary an impoundment or immobilisation order may be made at any time while the motor vehicle is impounded or immobilised. 20 (3) An application under sub-section (1) to vary a forfeiture order may be made at any time while the motor vehicle is vested in the Crown. (4) The court may make an order varying an 25 impoundment or immobilisation order or a forfeiture order in any way, including-- (a) setting aside the impoundment or immobilisation order or forfeiture order; or 30 (b) reducing the amount of time that the motor vehicle is subject to impoundment or immobilisation. 32 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 84ZB. When order takes effect (1) An impoundment or immobilisation order or a forfeiture order becomes effective on-- (a) the expiration of the appeal period for the defendant's conviction of the 5 relevant offence; or (b) the expiration of the appeal period for-- (i) a sentencing order under the Magistrates' Court Act 1989; or 10 (ii) a sentencing order under the Children and Young Persons Act 1989 or the Children, Youth and Families Act 2005; or (iii) a sentence under Part VI of the 15 Crimes Act 1989-- made following that conviction-- whichever is the later. (2) If a conviction for a relevant offence is set aside on appeal, an impoundment or 20 immobilisation order or a forfeiture order is of no effect. (3) If a person convicted of a relevant offence applied for leave to appeal against the conviction for the relevant offence or the 25 making of an impoundment or immobilisation order or a forfeiture order after the end of the relevant appeal period and such leave is granted, the appeal operates as a stay of the impoundment or 30 immobilisation order or forfeiture order and any motor vehicle impounded or immobilised or otherwise in the possession of the Crown must be released to the registered operator. 35 33 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (4) If a motor vehicle subject to a forfeiture order is no longer in the possession of the Crown and the conviction for the relevant offence, or the forfeiture order, is set aside on appeal, the Crown must pay to the 5 appellant and any other person with an interest in the motor vehicle an amount commensurate with the value of the appellant's or other person's interest in the motor vehicle. 10 (5) Any amount to be paid under sub-section (4) is to be paid out of the proceeds (if any) of the sale of the motor vehicle. (6) A person with an interest in the motor vehicle may make an application to the 15 Magistrates' Court for an order that compensation be paid in accordance with sub-section (4) and the Court may make either or both of the following orders-- (a) an order that compensation be paid to 20 that person commensurate with the value of the person's interest in the motor vehicle; (b) an order that the costs incurred by the Crown in executing the forfeiture order 25 may be retained by the Crown out of the proceeds of the sale of the motor vehicle. 34 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 84ZC. Police powers A member of the police force or an authorised person acting under an impoundment or immobilisation order or a forfeiture order made under this Division 5 has, and may exercise, the same powers to seize the motor vehicle and impound or immobilise it as are specified in sections 84G(1) and (3) and 84I. 84ZD. Liability for costs of impoundment or 10 immobilisation If a court makes an impoundment or immobilisation order, the motor vehicle must not be released from impoundment or immobilisation until the designated costs are 15 paid by the person seeking to collect or release the motor vehicle. 84ZE. Rights of owners If a person is not the registered operator of a motor vehicle, but can prove ownership of 20 the motor vehicle to a court exercising powers under this Part, that person may make any application or exercise any right that a registered operator may make or exercise under this Part. 25 84ZF. Third party protection from forfeiture order (1) A person, other than the driver, who did not appear at the hearing of an application for a forfeiture order and has an interest in the 30 motor vehicle subject to a forfeiture order may apply to the court that made the forfeiture order for an order that-- 35 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (a) if ownership of the motor vehicle is vested in the Crown-- (i) ownership of the motor vehicle be transferred to the applicant, if the applicant had, immediately before 5 the forfeiture order was made, full ownership of the motor vehicle; or (ii) where the applicant had part ownership of the motor vehicle, the motor vehicle be sold and the 10 Crown pay to the applicant and any other owner of the motor vehicle an amount commensurate with the value of each owners' interest in the motor vehicle; or 15 (b) if the motor vehicle has been sold or otherwise disposed of, the Crown pay to the applicant an amount commensurate with the value of the applicant's interest in the motor vehicle. 20 (2) Leave of the court that made the forfeiture order is required to bring an application if-- (a) the person was served with a notice of the application for a forfeiture order under section 84W(1) or 84Y(1); or 25 (b) six months or more have elapsed since the date the forfeiture order was made. (3) The court may only grant leave under sub- section (2)(b) if it is satisfied that the delay in making the application was not due to the 30 applicant's neglect. 36 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (4) On an application the 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 5 applicant's interest in the motor vehicle; and (b) directing the Crown-- (i) if the motor vehicle is vested in the Crown and the applicant has 10 full ownership of the motor vehicle, to transfer ownership of the motor vehicle to the applicant; or (ii) if the motor vehicle is no longer 15 vested in the Crown, or if the applicant does not have full ownership of the motor vehicle, to pay to the applicant the value of the applicant's interest in the 20 motor vehicle. (5) The court may only make an order under sub-section (4) if it is satisfied that-- (a) the applicant would have, apart from the forfeiture order, a relevant interest 25 in the motor vehicle; and (b) the relevant offence occurred without the knowledge or consent of the applicant. (6) Any amount to be paid under this section is 30 to be paid out of the proceeds (if any) of the sale of the motor vehicle. 37 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 Division 4--Search and Seizure Warrants 84ZG. Application for search and seizure warrant (1) A member of the police force may apply to a magistrate for a search and seizure warrant to 5 be issued under this Division in respect of a motor vehicle if-- (a) the motor vehicle is subject to an impoundment or immobilisation order and has not been surrendered to a 10 member of the police force; or (b) the motor vehicle is subject to a forfeiture order and has not been surrendered to a member of the police force; or 15 (c) a member of the police force under section 84F believes on reasonable grounds that the motor vehicle has been used in the commission of a relevant offence and the application is made 20 within 48 hours after the alleged commission of the relevant offence; or (d) a member of the police force is empowered under section 84H(4) to seize the motor vehicle. 25 (2) An application under this section may only be made if the applicant believes on reasonable grounds that the motor vehicle is, or may be within the next 72 hours, in or on specified premises. 30 (3) An application for a search and seizure warrant must be made in writing. 38 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (4) A magistrate must not issue a search and seizure warrant unless-- (a) the application for the warrant sets out the grounds on which the warrant is sought; and 5 (b) the applicant has given the magistrate, either orally or in writing, any further information that the magistrate requires concerning the grounds on which the warrant is sought; and 10 (c) the information given by the applicant is verified before the magistrate on oath or affirmation or by affidavit. 84ZH. Search and seizure warrant (1) A magistrate to whom an application is made 15 under section 84ZG, if satisfied that there are reasonable grounds for believing the matters set out in the application, may issue a search and seizure warrant to the person or persons named in the warrant to enter the specified 20 premises and search for and seize the specified motor vehicle. (2) A search and seizure warrant issued under sub-section (1) may authorise the person or persons named in the warrant to-- 25 (a) enter the premises specified in the warrant; and (b) search for the motor vehicle specified in the warrant; and (c) use reasonable force to break into or 30 open any structure on the premises specified in the warrant that may store the motor vehicle specified in the warrant; and 39 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (d) seize and impound or immobilise the motor vehicle specified in the warrant, using any or all of the powers specified in sections 84G(3) and 84I. (3) A search and seizure warrant must-- 5 (a) state the purpose for which the warrant is issued; and (b) give a description of the motor vehicle authorised for seizure; and (c) give the address or other description of 10 the premises in respect of which the warrant is issued. (4) Every search and seizure warrant issued under this section must be in the prescribed form. 15 84ZI. Record of proceedings for search and seizure warrant (1) A magistrate who issues a search and seizure warrant must cause a record to be made of all relevant particulars of the grounds he or she 20 has relied on to justify the issue of the warrant. (2) The magistrate may decline to record any matter that might disclose the identity of a person if the magistrate believes on 25 reasonable grounds that to do so might jeopardise the safety of any person. 84ZJ. Announcement before entry On executing a search and seizure warrant, the person executing the warrant must-- 30 (a) announce that he or she is authorised by the warrant to enter the premises; and 40 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (b) give any person at the premises an opportunity to allow entry to the premises before force is used to enter the premises. 84ZK. Copy of search and seizure warrant to be 5 given to occupier A person executing a search and seizure warrant must-- (a) if the occupier is present at the premises where the warrant is being 10 executed, identify himself or herself to the occupier and give the occupier a copy of the warrant; or (b) if the occupier is not present at the premises where the warrant is being 15 executed, identify himself or herself to any other person at the premises and give that person a copy of the warrant. 84ZL. Use of assistants to execute search and seizure warrant 20 A person executing a search and seizure warrant may do so with the aid of any assistants that the person considers reasonably necessary to achieve the purpose for which the warrant was issued. 25 84ZM. Application of Magistrates' Court Act 1989 Except to the extent that a contrary intention appears in this Division, the rules to be observed with respect to search warrants 30 mentioned in the Magistrates' Court Act 1989 extend and apply to search and seizure warrants under this Division. 41 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 84ZN. Expiry of search and seizure warrant (1) A search and seizure warrant ceases to have effect if it is recalled and cancelled by the magistrate who issued it. (2) If sub-section (1) does not apply, a search 5 and seizure warrant ceases to have effect-- (a) at the end of the period of one month after its issue; or (b) when it is executed-- whichever occurs first. 10 84ZO. Report on execution of search and seizure warrant (1) The person to whom a search and seizure warrant is issued must give a report to the registrar of the Magistrates' Court-- 15 (a) stating whether or not the warrant was executed; and (b) if the warrant was executed, setting out briefly the result of the execution of the warrant; and 20 (c) if the warrant was not executed, setting out briefly the reasons why the warrant was not executed; and (d) stating whether or not a copy of the warrant was given to the occupier or 25 another person at the premises. (2) A report must be-- (a) in the prescribed form; and (b) made within 10 days after the expiry of the warrant. 30 42 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (3) A person may apply to the Magistrates' Court for an order authorising the person to inspect the report given under sub-section (1) if the person satisfies the Court that the person is-- 5 (a) the owner or occupier of premises on which the warrant was executed; or (b) a person who has an interest in the motor vehicle seized in the execution of the warrant. 10 84ZP. Obstruction or hindrance of person executing search and seizure warrant A person must not, without reasonable excuse, obstruct or hinder a person executing a search and seizure warrant. 15 Penalty: 60 penalty units. Division 5--Disposal of Motor Vehicles 84ZQ. Sale or disposal of uncollected motor vehicles and items (1) Subject to sub-section (2), the Chief 20 Commissioner of Police may sell, by public auction or tender, or otherwise dispose of, a motor vehicle and any item or thing left in or on the motor vehicle, if-- (a) a decision is made by a member of the 25 police force to impound or immobilise a motor vehicle under section 84F or an impoundment or immobilisation order is made against that motor vehicle; and (b) the motor vehicle is not collected or 30 released 2 months or more after the date on which the motor vehicle first became available for collection or release. 43 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 (2) The Chief Commissioner of Police must not sell or otherwise dispose of a motor vehicle or an item or thing left in or on a motor vehicle under sub-section (1) unless-- (a) all proceedings in relation to the 5 relevant offence that led to the impoundment or immobilisation have been finalised and any appeal period has expired; and (b) the Chief Commissioner of Police, at 10 least 14 days before attempting to sell or dispose of the motor vehicle or item or thing, serves notice on the registered operator and the driver that he or she intends to sell or otherwise dispose of 15 the motor vehicle and any item or thing left in or on the motor vehicle unless steps are taken to collect or release the motor vehicle or item or thing; and (c) the Chief Commissioner of Police 20 notifies the public, at least 14 days before an intended sale or disposal, of his or her intention to sell or otherwise dispose of the motor vehicle and, if applicable, any item or thing left in or 25 on the motor vehicle, through publication in a newspaper circulating generally in the State; and (d) if the Chief Commissioner of Police intends to sell or dispose of an item or 30 thing left in or on a motor vehicle, all reasonable efforts have been made to return the item or thing to its owner. 44 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 4 84ZR. Sale or disposal of motor vehicle subject to forfeiture order (1) The Chief Commissioner of Police may sell, by public auction or tender, or otherwise dispose of a motor vehicle that is the subject 5 of a forfeiture order, and any uncollected item or thing left in or on the motor vehicle, once the forfeiture order takes effect in accordance with section 84ZB(1). (2) The Chief Commissioner of Police must not 10 sell or dispose of an item or thing left in or on a motor vehicle that is the subject of a forfeiture order unless all reasonable efforts have been made to return the item or thing to its owner. 15 84ZS. Application of proceeds of sale Where a motor vehicle or item or thing is sold under section 84ZQ or 84ZR the proceeds of sale are to be applied in the following order of priority-- 20 (a) to pay the costs of the sale; (b) to pay any costs of impoundment or immobilisation; (c) to discharge any security interest over the motor vehicle, such as a bank loan 25 or a lease arrangement; (d) to pay the registered operator of the motor vehicle if the motor vehicle was uncollected, or if the registered operator cannot be reasonably located, for 30 payment into the Consolidated Fund; (e) for payment into the Consolidated Fund if the motor vehicle was the subject of a forfeiture order.'. 45 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 2--Amendment of Road Safety Act 1986 s. 5 5. Detention or immobilisation of motor vehicles After section 90C(1)(a) of the Road Safety Act 1986 insert-- "(ab) an authorised person under Part 6A; or". 6. Subject-matter for regulations 5 After item 57 in Schedule 2 to the Road Safety Act 1986 insert-- "Impoundment, immobilisation or forfeiture 57A. The manner and circumstances in which a motor 10 vehicle may be immobilised. 57B. The matters that must be included in a notice issued under section 84K. 57C. Procedures and requirements to be complied with before a motor vehicle or an item or thing left in or on 15 a motor vehicle may be recovered. 57D. The circumstances in which a motor vehicle is not eligible for an impoundment or immobilisation order or a forfeiture order under section 84S or 84T.". __________________ 46 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 3--Amendment of Various Acts--Sentencing Orders s. 7 PART 3--AMENDMENT OF VARIOUS ACTS--SENTENCING ORDERS See: 7. Amendment of Children and Young Persons Act No. Act 1989 56/1989. Reprint No. 7 In section 3(1) of the Children and Young 5 as at 1 March 2002 Persons Act 1989 in the definition of "sentencing and order", after paragraph (a) insert-- amending Act Nos "(ab) any order made under section 84S or 84T of 69/1992, 11/2002, the Road Safety Act 1986; and". 35/2002, 83/2003, 36/2004, 72/2004, 89/2004, 108/2004, 15/2005, 18/2005, 19/2005 and 21/2005. LawToday: www.dms. dpc.vic. gov.au 8. Amendment of Children, Youth and Families 10 Act 2005 In section 3(1) of the Children, Youth and Families Act 2005 in the definition of "sentencing order", after paragraph (a) insert-- "(ab) any order made under section 84S or 84T of 15 the Road Safety Act 1986; and". 47 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 3--Amendment of Various Acts--Sentencing Orders s. 9 9. Amendment of Crimes Act 1958 See: Act No. In section 566 of the Crimes Act 1958 in the 6231. Reprint No. 18 definition of "sentence", after paragraph (a) as at insert-- 1 July 2005 and "(ab) any order made under section 84S or 84T of 5 amending Act Nos the Road Safety Act 1986; and". 16/2004, 18/2005, 56/2005 and 66/2005. LawToday: www.dms. dpc.vic. gov.au See: 10. Amendment of Magistrates' Court Act 1989 Act No. 51/1989 In section 3(1) of the Magistrates' Court Reprint No. 11 Act 1989, in the definition of "sentencing order", as at 1 July 2005 after paragraph (ab) insert-- 10 and amending "(ac) any order made under section 84S or 84T of Act Nos the Road Safety Act 1986; and". 16/2005, 18/2005, 45/2005, 62/2005 and 69/2005. LawToday: www.dms. dpc.vic. gov.au __________________ 48 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 4--Amendment of Commonwealth Games Arrangements Act 2001 s. 11 See: PART 4--AMENDMENT OF COMMONWEALTH GAMES Act No. ARRANGEMENTS ACT 2001 57/2001. Reprint No. 1 as at 11. Removal of vehicles obstructing Games 5 November management area 2005 and amending In section 56AF of the Commonwealth Games 5 Act Nos 12/2004; Arrangements Act 2001-- 13/2004; 108/2004 and (a) in sub-section (1), after "force" insert "or an 37/2005. authorised officer"; and LawToday: www.dms. dpc.vic. (b) in sub-section (2), after "force" (where first gov.au occurring) insert "or an authorised officer"; 10 and (c) in sub-section (2), after "force" (where secondly occurring) insert "or the authorised officer (as the case requires)"; and (d) in sub-section (5), after "Police" insert 15 "or the Secretary". 12. Amendment to Schedule 5--Infringement Notices In Schedule 5 to the Commonwealth Games Arrangements Act 2001-- (a) in clause 1(1)-- 20 (i) after "section" insert "56ZE, 56ZF(1), 56ZF(3),"; and (ii) after "56ZG," insert "56ZH(1),"; and (iii) for "56ZP or 56ZQ" substitute "56ZP, 56ZQ, 56ZS(1), 56ZT(1), 56ZZJ, 25 56ZZK(2) or 57AI(4)"; and (b) in clause 2(a)(ii)-- (i) after "section" insert "56ZE, 56ZF(1), 56ZF(3),"; and (ii) after "56ZG," insert "56ZH(1),"; and 30 49 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 4--Amendment of Commonwealth Games Arrangements Act 2001 s. 12 (iii) for "56ZP or 56ZQ" substitute "56ZP, 56ZQ, 56ZS(1), 56ZT(1), 56ZZJ, 56ZZK(2) or 57AI(4)"; and (c) in clause 4-- (i) after "section" insert "56ZE, 56ZF(1), 5 56ZF(3),"; and (ii) after "56ZG," insert "56ZH(1),"; and (iii) for "56ZP or 56ZQ" substitute "56ZP, 56ZQ, 56ZS(1), 56ZT(1), 56ZZJ, 56ZZK(2) or 57AI(4)". 10 __________________ 50 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 5--Amendment of Various Acts--Drug Offences s. 13 PART 5--AMENDMENT OF VARIOUS ACTS--DRUG OFFENCES See: 13. Amendment to section 4 of the Bail Act 1977 Act No. 9008. (1) In section 4(2)(aa)(ii) of the Bail Act 1977-- Reprint No. 8 as at (a) after "Commonwealth" insert "as in force 5 17 February immediately before the commencement of 2005 and the Law and Justice Legislation Amendment amending (Serious Drug Offences and Other Measures) Act Nos 18/2005 and Act 2005 of the Commonwealth"; and 21/2005. LawToday: (b) for "goods--" substitute "goods; or". 10 www.dms. dpc.vic. (2) After section 4(2)(aa)(ii) of the Bail Act 1977 gov.au insert-- "(iii) an offence under section 307.1, 307.2, 307.5, 307.6, 307.8 or 307.9 of the Criminal Code of the Commonwealth in circumstances 15 where the offence is committed in relation to a substance in respect of a quantity that is not less than the commercial quantity (as defined in section 70(1) of the Drugs, Poisons and Controlled Substances Act 1981) 20 applicable to the drug of dependence as defined in that Act constituted by that substance--". (3) In section 4(4)(cb) of the Bail Act 1977, for "(as amended and in force for the time being)" 25 substitute ", as in force immediately before the commencement of the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 of the Commonwealth,". 30 51 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 5--Amendment of Various Acts--Drug Offences s. 14 (4) After section 4(4)(cb) of the Bail Act 1977 insert-- "(cc) subject to sub-section (2)(aa), with an offence under section 307.1, 307.2, 307.5, 307.6, 307.8 or 307.9 of the Criminal Code 5 of the Commonwealth; or". See: 14. Amendment to section 76 of the Drugs, Poisons and Act No. Controlled Substances Act 1981 9719. Reprint No. 7 (1) In section 76(1)(b)(v) of the Drugs, Poisons and as at 1 July 2004 Controlled Substances Act 1981, for "being--" 10 and substitute "being; or". amending Act Nos (2) After section 76(1)(b)(v) of the Drugs, Poisons 16/2004, 74/2004, and Controlled Substances Act 1981 insert-- 80/2004, 87/2004 and "(vi) section 307.1, 307.2, 307.3, 307.4, 307.5, 108/2004. 307.6, 307.7, 307.8, 307.9 or 307.10 of the LawToday: 15 www.dms. Criminal Code of the Commonwealth as dpc.vic. amended and in force for the time being--". gov.au See: 15. Amendment to Schedule 1 to the Sentencing Act No. Act 1991 49/1991. Reprint No. 8 (1) In clause 4(b) of Schedule 1 to the Sentencing 20 as at 1 July 2005 Act 1991-- and amending (a) after "(narcotic goods)" insert "as in force Act Nos immediately before the commencement of 53/2003, 18/2005, the Law and Justice Legislation Amendment 51/2005 and (Serious Drug Offences and Other Measures) 25 57/2005. LawToday: Act 2005 of the Commonwealth,"; and www.dms. dpc.vic. (b) after "that Act" insert "as in force gov.au immediately before that commencement". (2) After clause 4(b) of Schedule 1 to the Sentencing Act 1991 insert-- 30 "(ba) an offence against section 307.1, 307.2, 307.5, 307.6, 307.8 or 307.9 of the Criminal Code of the Commonwealth;". 52 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Part 5--Amendment of Various Acts--Drug Offences s. 16 16. Amendment to section 50 of the Working with See: Children Act 2005 Act No. 57/2005 . LawToday: In section 50(5) of the Working with Children www.dms. Act 2005, in the proposed new clause 4(c) of dpc.vic. gov.au Schedule 1 to the Sentencing Act 1991, for 5 "(a) to (b)" substitute "(a) to (ba)". 53 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 Act No. Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 54 551363B.I1-27/10/2005 BILL LA INTRODUCTION 27/10/2005

 


 

 


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