Western Australian Current Acts Western Australian Current Acts (1) In this section
—
confiscated vehicle means a vehicle that is
confiscated under section 80A, as in force at any time, 80C(1) or 80CB(1);
expenses means the reasonable expenses of the
Commissioner;
item means an item that was in or on a confiscated
vehicle or an uncollected vehicle at the time when —
(a) the
vehicle was impounded under Subdivision 2; or
(b) the
vehicle was surrendered; or
(c)
under section 78C, the vehicle was conveyed to a place for storage,
as is relevant to the case;
uncollected vehicle means a vehicle that was
impounded under Subdivision 2 or on an impounding order and not collected
within 7 days after the end of the impounding period.
(2) The Commissioner
may sell or otherwise dispose of a confiscated vehicle, an uncollected vehicle
or an item.
(3) The Commissioner
is not to sell or otherwise dispose of a confiscated vehicle or an item unless
any appeal against an impounding or confiscation order in respect of the
vehicle is determined.
(4) The Commissioner
is not to sell or otherwise dispose of an uncollected vehicle or an item
unless —
(a) each
responsible person is given at least 14 days’ written notice of the
Commissioner’s intention to sell or dispose of the vehicle or item; and
[(b) deleted]
(c) in
the case of an item, reasonable steps have been taken to return the item to
its owner; and
(d) any
proceedings under subsection (5) or (6) in relation to the vehicle or item and
any appeal in respect of those proceedings are determined.
(5) The owner of an
uncollected vehicle may apply to the Magistrates Court for an order that the
sale or disposal of the vehicle under subsection (2) not take place until
after such time as is specified in the order but no later than 3 months after
the day of the order.
(6) The owner of an
item may apply to the Magistrates Court for an order that the item be
returned.
(7) Proceeds of the
sale or disposal under subsection (2) of a vehicle or item are to be paid in
the following order of priority —
(a) for
expenses incurred in selling the vehicle or item;
(b) in
the case of a confiscated vehicle, for expenses incurred consequent on the
confiscation of the vehicle;
(c) in
satisfaction of an unpaid amount for which a person is liable under
section 79E;
(d) in
satisfaction of an unpaid amount of a judgment debt arising out of a liability
under section 79E;
(e) in
satisfaction of an unpaid amount for which a person is liable under
section 80H;
(f) in
satisfaction of an unpaid amount of a judgment debt arising out of a liability
under section 80H;
(g) in
satisfaction of an unpaid amount for which a person is liable under
section 80I;
(ga) in
satisfaction of an unpaid amount of a judgment debt arising out of a liability
under section 80I;
(h) in
the case of an uncollected vehicle, in satisfaction of any unpaid amount known
to the Commissioner for which the vehicle is nominated in writing as security
for the payment of that amount;
(i)
in the case of a confiscated vehicle, in satisfaction of
any unpaid amount known to the Commissioner —
(i)
for which the vehicle was nominated in writing as
security for the payment of that amount; and
(ii)
that, but for the confiscation of the vehicle, would have
been payable to a person other than the person convicted of the offence in
respect of which the vehicle was confiscated;
(j) the
balance, in the case of a confiscated vehicle —
(i)
if the vehicle was confiscated under section 80A, as in
force at any time, or 80C(1), to the credit of the Road Trauma Trust Account
established in accordance with the Road Safety Council Act 2002 section 12;
(ii)
if the vehicle was confiscated under section 80CB(1), to
the credit of the Confiscation Proceeds Account established in accordance with
the Criminal Property Confiscation Act 2000 section 130;
(k) the
balance, in the case of an uncollected vehicle or an item, to the Treasurer of
the State to be dealt with under the Unclaimed Money Act 1990 as prescribed
retained money.
(8) A person who
acquires an uncollected vehicle or an item on a sale or disposal under
subsection (2) of the vehicle or item obtains a good title to the vehicle or
item if the person acquires it in good faith and without notice of any failure
to comply with subsection (4) in relation to the sale or disposal.
[Section 80J inserted: No. 10 of 2004 s. 13;
amended: No. 4 of 2007 s. 10, 23 and 31(1); No. 24 of 2008 s. 22, 23, 24(1)
and 25; No. 23 of 2009 s. 25; No. 51 of 2016 s. 41.]