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ROAD SAFETY ACT 1986 - SECT 84ZQAC

Notice to be given of intention to deem motor vehicle abandoned

S. 84ZQAC(1) amended by No. 49/2014 s. 43(3).

    (1)     The Chief Commissioner of Police must give notice of intention to deem a motor vehicle to be abandoned under section 84ZQAB(2) and then to sell or otherwise dispose of the motor vehicle and any uncollected item or thing left in or on the motor vehicle by serving a notice that complies with subsections (3) and (4) on—

        (a)     the driver of the motor vehicle; and

        (b)     if the driver of the motor vehicle is not the registered operator of the motor vehicle—the registered operator; and

S. 84ZQAC
(1)(ba) inserted by No. 70/2016 s. 31.

        (ba)     if the motor vehicle is a miniaturised motor cycle and the Chief Commissioner is able to establish the identity of the owner of the motor vehicle—the owner; and

S. 84ZQAC
(1)(c) amended by No. 5/2016 s. 32(a).

        (c)     any person who the Chief Commissioner is aware has an interest in the motor vehicle.

S. 84ZQAC
(1)(d) repealed by No. 5/2016 s. 32(b).

    *     *     *     *     *


    (2)     If the registered operator of the motor vehicle is not the owner or sole owner of the motor vehicle, the registered operator must, as soon as is reasonably practicable, take reasonable steps to serve a copy of the notice served under subsection (1) on any owner of the motor vehicle.

Note

See section 93 for how a notice may be served.

    (3)     A notice under subsection (1) must include information that identifies the motor vehicle, including the motor vehicle's registration number (if applicable).

    (4)     A notice under subsection (1) must state that the motor vehicle will be deemed to be abandoned and that the motor vehicle and any item left in or on the motor vehicle will be sold or disposed of unless, within 30 days after the date of the notice—

        (a)     the designated costs in respect of the impoundment or immobilisation of the motor vehicle are paid and the motor vehicle is collected or released; or

        (b)     the designated costs are not required to be paid because—

              (i)     the motor vehicle is released from impoundment or immobilisation in accordance with section 84N(1)(a) or (b); or

              (ii)     the motor vehicle is released from impoundment or immobilisation in accordance with section 84N(1)(c) and a senior police officer has waived the designated costs under section 84N(3); or

        (c)     a conviction for the relevant offence is set aside; or

        (d)     the court makes an order under section 84O or 84ZA that the motor vehicle be released; or

        (e)     the Chief Commissioner of Police accepts under section 84ZD(2) an undertaking by the registered operator to have the motor vehicle destroyed by a recycler approved by the Chief Commissioner; or

        (f)     a person substantially affected by the proposed sale or disposal of the motor vehicle has applied to the Magistrates' Court under section 84ZQAD for an order declaring that the motor vehicle is not abandoned.

    (5)     Subject to subsection (6), the Chief Commissioner of Police may give notice under subsection (1) if—

        (a)     in the case of a motor vehicle that has been impounded—more than 7 days have elapsed since the motor vehicle became available for collection; or

        (b)     in the case of a motor vehicle that has been immobilised—more than 3 months have elapsed since the motor vehicle became available for release.

    (6)     The Chief Commissioner of Police must not give notice under subsection (1) if the Chief Commissioner is aware that any of the following are yet to be determined—

        (a)     an application under section 84O(1);

        (b)     an application under section 84U(1) for an impoundment or immobilisation order or for a forfeiture order;

        (c)     an application under section 84ZA(1) for variation of an impoundment or immobilisation order or forfeiture order.

S. 84ZQAD inserted by No. 50/2012 s. 20.



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