Victorian Current Acts Victorian Current ActsS. 84S(1) substituted by No. 76/2010 s. 16(1), amended by No. 32/2011 s. 12(1), substituted by No. 68/2017 s. 33.
(1) On the application of the Chief Commissioner of Police under section 84U(1), if a driver is found guilty of a relevant offence and within the 6 years immediately preceding the commission of that offence the driver has committed one or more other relevant offences, the relevant court must order, subject to section 84Z, that the motor vehicle used in the commission of the relevant offence before the court or a substituted motor vehicle—
(a) be impounded or immobilised for—
(i) a period of 45 days; or
(ii) on the application of the Chief Commissioner of Police, any longer period not exceeding 3 months in total (including any period of impoundment or immobilisation during the designated period); or
(b) be forfeited to the Crown by order under section 84T(1).
Notes
1 Section 84Z allows a court to decline to make an impoundment or immobilisation order in certain circumstances.
2 An application under section 84ZG for a search and seizure warrant may be heard and determined immediately after an application under section 84U(1) if an impoundment or immobilisation order is made.
S. 84S(2) amended by No. 68/2009 s. 97(Sch. item 106.16), substituted by No. 76/2010 s. 16(2).
(2) An order under subsection (1) may only be made if the relevant court is satisfied that, if the application is in respect of the motor vehicle used in the commission of the relevant offence, at the time that offence was committed that motor vehicle was not—
(a) a stolen motor vehicle; or
(b) a hired motor vehicle; or
(c) being used in any prescribed circumstances.
S. 84S(3) amended by Nos 28/2009 s. 35(1), 50/2012 s. 14, 37/2014 s. 10(Sch. item 147.41).
(3) An order made under subsection (1) must 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 Victoria Police personnel or an authorised person.
S. 84S(4) inserted by No. 28/2009 s. 35(2).
(4) The registered operator of the motor vehicle must not, without reasonable excuse, fail to surrender the motor vehicle at the time and place specified in the order made under subsection (1).
Penalty: 60 penalty units.
S. 84T inserted by No. 93/2005 s. 4.