Australian Capital Territory Numbered Regulations

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) REGULATION 2017 (NO 45 OF 2017) - REG 8

    (1)     This section applies to a vehicle impounded under any of the following provisions of the Act

:

        (a)     section 10A (Impounding of vehicles used for menacing driving on court order before conviction etc);

        (b)     section 10B (Impounding or forfeiture of vehicles on conviction etc for certain offences);

        (c)     section 10C (Powers of police officers to seize and impound vehicles used in committing certain offences).

    (2)     If a person has not applied to the chief police officer for the release of the vehicle at the end of the period of impoundment, the chief police officer must, by notice served on the registered operator of the vehicle and every person who has a registered interest in the vehicle, warn them that the vehicle may be offered for sale if the vehicle is not removed from the place of impoundment within 28 days after the day the notice is served.

    (3)     The vehicle may be offered for sale, by public auction or public tender, if the vehicle is not removed within 28 days after the notice is served or, if more than 1 notice is served under subsection (2), the later of the notices.

    (4)     A person may apply to the chief police officer for payment to the person of the balance of the proceeds of sale of a vehicle within 12 months after the vehicle is sold in accordance with subsection (3).

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

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

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

    (6)     In this section:

"balance of the proceeds of sale", of a vehicle, means the proceeds of the sale of the vehicle less—

        (a)     any fee or other amount payable under the Road Transport (General) Act 1999

for the seizure, impounding and storage of the vehicle; and

        (b)     the reasonable costs of, or incidental to, the sale.

"registered interest", in relation to a motor vehicle—see the Act

, section 8A (5).

"registered operator"—see the Road Transport (Vehicle Registration) Act 1999

, dictionary.

    (7)     An interest mentioned in subsection (6), definition of balance of the proceeds of sale paragraph (a) or (b), is a statutory interest of a kind to which the Personal Property Securities Act 2009

(Cwlth), section 73 (2) (Priority between security interests and declared statutory interests) applies.