New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]


Power to seize unregistered vehicles

79 Power to seize unregistered vehicles

(cf VR Act, s 27)

(1) A police officer may seize any unregistered registrable vehicle (other than a registrable vehicle exempted from registration under this Act) that is being used on a road.
(2) If any such registrable vehicle has been seized, the Local Court may, on the application of a police officer, make an order declaring the vehicle to be forfeited to the Crown.
(3) If such an application is made, the following provisions have effect--
(a) notice of the application is to be given to the person who had the custody of the vehicle at the time of the seizure if the person can be found and to such other persons (if any) as the Local Court may direct,
(b) no order of forfeiture may be made if the owner of the vehicle satisfies the Local Court that there has been no intent to evade registration of the vehicle.
(4) A responsible person for a vehicle who is aggrieved by an order of the Local Court made under this section in relation to the vehicle may appeal against the order to the District Court under Part 3 of the Crimes (Appeal and Review) Act 2001 as if that order were a sentence arising from a court attendance notice dealt with under Part 2 of Chapter 4 of the Criminal Procedure Act 1986 .
(5) Transport for NSW may waive the forfeiture of a vehicle on payment within such period as Transport for NSW may allow of a fine equivalent to the sum obtained by adding together--
(a) the fee for the registration or renewal of the registration of the vehicle for each applicable registration period in any part of which the vehicle was used while unregistered, and
(b) the motor vehicle tax imposed under the Motor Vehicles Taxation Act 1988 or the registration charges or administration fees imposed under Schedule 2 which would be due on the application for that registration or renewal,
together with a further fine of 20 percent of that sum.
(6) If any such fine is not paid within the period so allowed, Transport for NSW may dispose of the vehicle in the manner prescribed by the statutory rules.
(7) If a vehicle is sold under subsection (6), Transport for NSW is to apply the proceeds of the sale as prescribed by the statutory rules.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback