Victorian Current Acts

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Recovery of motor vehicle or item by third party before sale

S. 102(1) amended by No. 9/2008 s. 25(2)(a).

    (1)     At any time before a sale under section 101 occurs a person other than the registered operator of a motor vehicle against whom one or more infringement warrants have been issued may recover a motor vehicle or item detained, immobilised or seized under this Part if—

        (a)     the person was entitled, at the time the motor vehicle or item was detained, immobilised or seized, to possession of that vehicle or item; and

        (b)     the person provides to the sheriff satisfactory evidence, in accordance with the regulations (if any), of that person's identity and entitlement to possession of the motor vehicle or item (as the case requires).

    (2)     The sheriff must release a motor vehicle or item (as the case requires) to a person if satisfied as to the matters referred to in subsection (1).

S. 102(3) amended by No. 9/2008 s. 25(2)(b).

    (3)     On the release of a motor vehicle under this section, the registered operator against whom the infringement warrant or warrants, as the case requires, was or were issued is liable for any costs incurred as a result of the detention, immobilisation or impoundment of the motor vehicle under this Part.

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