Western Australian Current Acts Western Australian Current Acts (1) In this section
—
impounded vehicle means a vehicle that is
impounded under section 79 or 79A.
(2) If the
Commissioner is satisfied that each person who has an interest in an impounded
vehicle has, in accordance with subsection (4), consented to the Commissioner
doing so, the Commissioner, on behalf of those persons, may sell or otherwise
dispose of the vehicle.
(3) The Commissioner
may sell or otherwise dispose of a vehicle under subsection (2) —
(a) even
if the impounding period has not elapsed; and
(b) even
if the Commissioner may sell the vehicle under section 80J; and
(c)
whether or not a charge of an offence for which the vehicle was impounded has
been heard or determined by a court; and
(d)
whether or not any appeal against the conviction for an offence for which the
vehicle was impounded or confiscated has been concluded.
(4) The consent of a
person who has an interest in an impounded vehicle to the Commissioner selling
or otherwise disposing of the vehicle has no effect unless —
(a) the
person has been informed in accordance with subsection (5); and
(b) the
consent is in writing and signed by the person; and
(c) the
consent is given at least 48 hours after the vehicle is impounded.
(5) The Commissioner
must ensure a person who has an interest in an impounded vehicle is informed
—
(a) of
the effect of this Division in relation to impounding and selling vehicles;
and
(b) of
the liabilities that this Division imposes on persons for the costs and
expenses incurred by the Commissioner.
(6) The Commissioner
may require a person who has an interest in an impounded vehicle to provide
information to the Commissioner for the purposes of this section in a
statutory declaration.
(7) If the
Commissioner sells or otherwise disposes of an impounded vehicle under
subsection (2) —
(a) the
Commissioner must release the vehicle to the buyer; and
(b) the
buyer obtains a good title to the vehicle if the person acquires it in good
faith and without notice of any failure to comply with this section in
relation to the sale or disposal; and
(c) the
proceeds of the sale are to be paid in the order of priority provided by
subsection (8).
(8) The proceeds of
the sale or disposal of a vehicle under subsection (2) are to be paid in the
following order of priority —
(a) for
expenses incurred in selling the vehicle;
(b) for
the expenses specified by the Commissioner as being equivalent to all
reasonable expenses of the Commissioner in impounding the vehicle;
(c) if
the sale or disposal occurs after the impounding period ends, for expenses (if
any) incurred in storing the vehicle after that period ends;
(d) the
balance —
(i)
if only one person has an interest in the vehicle, to
that person;
(ii)
if there are 2 or more persons who each have an interest
in the vehicle, to each such person according to the proportion that the value
of the person’s interest bears to the value of the vehicle.
(9) If an impounded
vehicle is sold or otherwise disposed of under subsection (2) and —
(a) no
charge is laid for the offence for which the vehicle was impounded within 3
months after the date of the offence; or
(b) the
charge for that offence is withdrawn or dismissed for want of prosecution; or
(c) the
person charged with that offence is acquitted,
the Commissioner must
pay to the person or persons referred to in subsection (8)(d) in accordance
with that paragraph an amount equal to the amounts paid under subsection
(8)(a), (b) and (c).
[Section 80JA inserted: No. 23 of 2009 s. 24;
amended: No. 51 of 2016 s. 40.]