Victorian Current Acts Victorian Current ActsS. 84H(1) amended by Nos 52/2007 s. 12(1), 50/2012 s. 8(1), 37/2014 s. 10(Sch. item 147.34(a)).
(1) If a police officer believes on reasonable grounds that a motor vehicle has been used in the commission of a relevant offence, he or she may serve a 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 subsection (1) must—
S. 84H(2)(a) substituted by No. 52/2007 s. 12(2).
(a) be served—
S. 84H(2)(a)(i) amended by Nos 28/2009 s. 34(1), 50/2012 s. 8(2), substituted by No. 40/2015 s. 11(1).
(i) if the relevant offence is an offence to which section 66 applies, within 42 days of the commission of the relevant offence; or
S. 84H(2)(a)(ia) inserted by No. 50/2012 s. 8(3).
(ia) if the relevant offence
is—
S. 84H(2)
(a)(ia)(A) amended by Nos 49/2014 ss 40(1),
62(1), 40/2015 s. 8.
(A) an offence under section 49(1)(b), (bb), (bc), (g), (i) or (j) in relation to which the offender was required to give a sample of blood under section 55(9A), 55B(1)(a), 55BA(2), 55E(13) or 56(2); or
S. 84H(2)
(a)(ia)(A) amended by No. 49/2014 ss 40(2).
(B) an offence under section 49(1)(bb), (bc), (h) or (j) in relation to which the offender was required to give a sample of oral fluid under section 55E(2) or (3)—
at any time after the charge-sheet is filed but not later than 3 months after the commission of the relevant offence; or
S. 84H(2)
(a)(ib) inserted by No. 70/2016 s. 36(1).
(ib) if the relevant offence is an offence against section 64A(1) or an offence against section 319AA(1) of the Crimes Act 1958 , within 42 days of the commission of the relevant offence; or
(ii) in any other case, within 10 days of the commission of the relevant offence; and
S. 84H(2)(b) amended by No. 50/2012 s. 8(4).
(b) allow at least 7 days after the notice is served for the surrender of the motor vehicle unless an earlier time is consented to by the registered operator of the motor vehicle and that consent is endorsed in writing on the notice.
(3) A notice under subsection (1) must include—
S. 84H(3)(a) amended by Nos 52/2007 s. 12(3), 37/2014 s. 10(Sch. item 147.34(b)(i)).
(a) a statement by a police officer that the motor vehicle is liable to impoundment or immobilisation because that police officer believes on reasonable grounds that the motor vehicle was used in the commission of a relevant offence—
S. 84H(3)(a)(i) inserted by No. 52/2007 s. 12(3), amended by Nos 28/2009 s. 34(2), 50/2012 s. 8(5), substituted by No. 40/2015 s. 11(2).
(i) if the relevant offence is an offence to which section 66 applies, within the preceding 42 days; or
S. 84H(3)(ia) inserted by No. 50/2012 s. 8(6).
(ia) if subsection (2)(a)(ia) applies, within the preceding 3 months; or
S. 84H(3)
(a)(ib) inserted by No. 70/2016 s. 36(2).
(ib) if subsection (2)(a)(ib) applies, within the preceding 42 days; or
S. 84H(3)(a)(ii) inserted by No. 52/2007 s. 12(3).
(ii) in any other case, within the preceding 10 days; and
(b) a statement of the nature of the relevant offence and the date and time when the 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
S. 84H(3)(d) amended by Nos 28/2009 s. 34(3), 50/2012 s. 8(7), 37/2014 s. 10(Sch. item 147.34(b)(ii)).
(d) the date, time and place at which the motor vehicle is required to be surrendered to a member of Victoria Police personnel or an authorised person; and
S. 84H(3)(e) amended by No. 37/2014 s. 10(Sch. item 147.34(b)(iii)).
(e) a statement that if the motor vehicle is not surrendered at the date, time and place specified in the notice a police officer may seize the motor vehicle in accordance with section 84G; and
(f) the prescribed particulars (if any).
S. 84H(3A) inserted by No. 28/2009 s. 34(4).
(3A) A registered operator served with a notice under subsection (1) must comply with the notice, unless the registered operator has a reasonable excuse.
Penalty: 60 penalty units.
S. 84H(4) amended by Nos 28/2009 s. 34(5), 76/2010 s. 9, 50/2012 s. 8(7), 37/2014 s. 10(Sch. item 147.34(c)).
(4) If the motor vehicle is not surrendered to a member of Victoria Police personnel or an authorised person at the date, time and place specified in a notice served under subsection (1), a police officer may, within 10 days after the period specified in the notice expires, exercise any power under sections 84F to 84GB to seize the motor vehicle.
S. 84I inserted by No. 93/2005 s. 4, amended by No. 37/2014 s. 10(Sch. item 147.35).