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ROAD SAFETY ACT 1986 - SECT 84ZAC

Breach of undertaking

    (1)     In this section—

"relevant motor vehicle "means the motor vehicle in relation to which an undertaking was given;

"undertaking" means an undertaking under section 84Z(3D) or 84ZA(7).

    (2)     If—

        (a)     a person has given an undertaking to a relevant court; and

        (b)     it appears to the court that the person has failed to comply with the undertaking

the court must direct that the person and the registered operator for the relevant motor vehicle (if not the person who has given the undertaking) be served with a notice stating the matters referred to in subsection (3).

Note

See section 93 for how a notice may be served.

    (3)     A notice served under subsection (2) must state that—

        (a)     the relevant court intends to deal with an apparent breach of the undertaking at the specified time on a specified date; and

        (b)     the person who gave the undertaking is required to attend before the relevant court at that time and date; and

        (c)     if the person who gave the undertaking is not the registered operator for the relevant motor vehicle, the registered operator may attend before the relevant court at that time and date.

    (4)     If a notice is served under subsection (2) on a person and he or she fails to attend before the relevant court at the time and date specified, the relevant court may deal with the apparent breach of the undertaking in the absence of the person.

    (5)     If the relevant court is satisfied that a person has failed to comply with an undertaking, the court may—

        (a)     make an impoundment or immobilisation order in accordance with section 84S in relation to the relevant motor vehicle; or

        (b)     make a forfeiture order in accordance with section 84T in relation to the relevant motor vehicle

as the case requires.

    (6)     In considering whether to make an impoundment or immobilisation order or a forfeiture order under subsection (5), the relevant court must not consider whether making that order will cause exceptional hardship to any person.

S. 84ZB inserted by No. 93/2005 s. 4.



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