Australian Capital Territory Numbered Regulations

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) REGULATIONS 2000 (2000 NO 10) - REG 112

(1)       If a vehicle that was impounded under section 10A (Impounding or forfeiture of vehicles used in committing certain offences) or 10B (Powers of police officers to seize and impound vehicles used in committing certain offences) of the Act has not been released at the end of the period for which it was subject to impounding, the chief police officer must, by notice served on the registered operator of the vehicle and every person having a registered interest in the vehicle, warn them that the vehicle is liable to be offered for sale unless appropriate steps are taken to obtain the release of the vehicle within 28 days after service of the notice.

(2)       For section 10J (Disposal of vehicles) of the Act, the vehicle may be offered for sale if the vehicle is not released under section 10F (Release of vehicles by chief police officer) or 10G (Release of vehicles by order of Magistrates Court) of the Act within 28 days after service of the last of the notices mentioned in subregulation (1).

(3)       However, the vehicle may not be offered for sale if—

        (a)     an application has been made under section 10F or 10G of the Act for the release of the vehicle; and

        (b)     the application has not been dealt with; and

        (c)     any subsequent proceeding arising out of the application has not been finally dealt with.

(4)       For section 10J of the Act, a vehicle that has been forfeited to the Territory under section 10A of the Act may be offered for sale.

(5)       A person may, at any time within 12 months after a vehicle is sold in accordance with subregulation (2), apply to the chief police officer for payment to the person of the balance of the proceeds of sale of the vehicle.

(6)       The balance of the proceeds of sale may be paid to the person by the chief police officer if the person satisfies the chief police officer that—

        (a)     the person was lawfully entitled to the vehicle immediately before its sale; and

        (b)     there was a reasonable excuse for person's failure to obtain release of the vehicle before it was sold.

(7)       In this section—