(1) A police officer
may seize and take possession of —
(a) any
imitation plate that the officer has reasonable grounds to believe has been
manufactured, sold or supplied contrary to regulation 123; or
(b) any
imitation plate that is fixed to a vehicle.
(2) The CEO may, with
the approval of a JP, cause an imitation plate seized under this regulation to
be destroyed, whether or not any person has been convicted of or charged with
an offence under regulation 123 in connection with the plate.
(3) When, or as soon
as practicable after, an imitation plate is seized under this regulation, a
police officer must serve the owner of the vehicle from which it was seized
with a notice that informs the person —
(a) that
the plate is liable to be destroyed; and
(b) that
the person may make written representations to the CEO in relation to the
plate within 10 days after service of the notice.
(4) At any time after
the expiration of 14 days from service of the notice under
subregulation (3) the CEO may apply to a JP for approval to destroy the
imitation plate.
(5) The application
must be accompanied by copies of any representations received under
subregulation (3)(b) in relation to the plate.
(6) The JP, after
considering the application, the representations (if any), and the need (if
any) for the plate to be retained for evidentiary purposes, may —
(a)
approve of the destruction of the plate; or
(b)
direct that the plate be returned to the person from whom it was seized; or
(c)
authorise the continued retention of the plate for evidentiary purposes.
(7) A person is not
entitled to payment by way of compensation or restitution in respect of the
seizure, retention or destruction of an imitation plate under this regulation
or court order.
[Heading inserted: SL 2021/206 r. 10.]