Victorian Current Acts

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Liability for costs of impoundment or immobilisation

    (1)     If a court makes an impoundment or immobilisation order, the motor vehicle must not be released from impoundment or immobilisation until the designated costs are paid by the person seeking to collect or release the motor vehicle.

S. 84ZD(2) inserted by No. 50/2012 s. 17.

    (2)     Despite subsection (1), a motor vehicle may be released from immobilisation without the payment of the designated costs if the Chief Commissioner of Police has accepted a signed undertaking given by the registered operator of the motor vehicle in accordance with subsection (3).

S. 84ZD(3) inserted by No. 50/2012 s. 17.

    (3)     For the purposes of subsection (2), the undertaking must provide that, in return for the release of the motor vehicle without payment of the designated costs, the registered operator undertakes by the date specified by the Chief Commissioner of Police

S. 84ZD(3)(a) amended by No. 49/2019 s. 116(Sch.  1 item 186).

        (a)     to remove the registration plates of the motor vehicle and return them to the Secretary; and

        (b)     to have the motor vehicle destroyed by a recycler approved by the Chief Commissioner; and

        (c)     to give to the Chief Commissioner a certificate issued by the recycler confirming the destruction of the motor vehicle.

S. 84ZD(4) inserted by No. 50/2012 s. 17.

    (4)     If the registered operator complies with the undertaking, the Chief Commissioner of Police must waive the designated costs.

S. 84ZD(5) inserted by No. 50/2012 s. 17.

    (5)     If the registered operator fails to comply with the undertaking—

        (a)     the amount of the designated costs becomes a debt due to the Crown recoverable in a court of competent jurisdiction; and

S. 84ZD(5)(b) amended by No. 37/2014 s. 10(Sch. item 147.44).

        (b)     the motor vehicle may be seized by a police officer and immobilised or impounded until—

              (i)     the designated costs (including any further costs associated with the subsequent immobilisation or impoundment under this paragraph) are paid; or

              (ii)     the vehicle is sold or disposed of under Division 5.

S. 84ZE inserted by No. 93/2005 s. 4.

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