Victorian Current Acts

COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017 - SECT 159

    (1)     The regulator may declare by instrument that a thing that has been seized and retained under this Part is forfeited to the State if the regulator—

        (a)     cannot find the thing's owner despite making reasonable enquiries; or

        (b)     cannot return the thing to the owner despite making reasonable efforts; or

        (c)     considers it necessary to retain the thing to prevent the commission of an offence against an industry law.

    (2)     If a thing is forfeited to the State under subsection (1)(c), the regulator must give the previous owner written notice of the forfeiture as soon as practicable after making the declaration unless the regulator cannot find the previous owner despite making reasonable enquiries.

    (3)     A notice under subsection (2) must—

        (a)     include a statement of reasons for the action taken; and

        (b)     inform the previous owner that they have a right to seek review of the regulator's decision to make the declaration under Part 12.

    (4)     Material seized under section 154 may, on the owner or driver of the vehicle being found guilty of an offence against section 37(1) or 38(1), be forfeited by order of the court.

Division 8—Directions, defect notices, removal of material

S. 160 inserted by No. 63/2017 s. 18.