Western Australian Current Acts Western Australian Current Acts (1) In this section
—
confiscated motor cycle means a motor cycle that
is confiscated under section 80T(1);
item , in relation to a confiscated motor cycle,
means an item that was in or on the motor cycle at the time when it was
impounded under this Subdivision.
(2) The Commissioner
may sell or otherwise dispose of a confiscated motor cycle or an item.
(3) The owner of an
item may apply to the Magistrates Court for an order that the item be
returned.
(4) Proceeds of the
sale or disposal under subsection (2) of a confiscated motor cycle or item are
to be paid in the following order of priority —
(a) for
expenses incurred in selling the motor cycle or item;
(b) for
expenses incurred consequent on the confiscation of the motor cycle;
(c) in
satisfaction of an unpaid amount for which a person is liable under
section 80U;
(d) in
satisfaction of an unpaid amount of a judgment debt arising out of a liability
under section 80U;
(e) in
satisfaction of any unpaid amount known to the Commissioner —
(i)
for which the motor cycle was nominated in writing as
security for the payment of that amount; and
(ii)
that, but for the confiscation of the motor cycle, would
have been payable to a person other than the person convicted of the offence
in respect of which the motor cycle was confiscated;
(f) the
balance, to the credit of the Road Trauma Trust Account established in
accordance with the Road Safety Council Act 2002 section 12.
[Section 80V inserted: No. 51 of 2016 s. 45.]