Impounding determination, impounding order and forfeiture order
29AT Impounding determination, impounding order and forfeiture order
(1) A person must not enter into a transaction relating to a motor vehicle, or remove anything fitted or attached to the vehicle, within 28 days after an impounding determination has been made for the vehicle if:
(a) the driver of the vehicle at the time of the alleged offence to which the determination relates was found guilty of 1 or more prescribed driving offences within 2 years immediately before that time; and
the person knows that:
(i) the driver has been found guilty of 1 or more of the offences within the 2 years; and
an impounding determination has been made for the vehicle.
Maximum penalty: 200 penalty units or imprisonment not exceeding 1 year.
(2) A person must not enter into a transaction relating to a motor vehicle, or remove anything fitted or attached to the vehicle, if:
(a) a driver of the vehicle has been charged with, or issued with a summons for, a prescribed driving offence (the relevant offence); and
(b) the driver was found guilty of a single prescribed driving offence during the 2 years immediately before being charged with the relevant offence; and
(c) the person knows about the matters mentioned in paragraphs (a) and (b); and
(d) the person has been notified under section 29AJ(2) of the intention of the Commissioner of Police to apply for an impounding order for the relevant offence.
Maximum penalty: 200 penalty units or imprisonment not exceeding 1 year.
(3) Subsections (1) and (2) do not apply to any transaction entered into by a credit provider who repossesses or sells the vehicle as mentioned in section 29AO.
(4) A person must not enter into a transaction relating to a motor vehicle, or unlawfully remove anything fitted or attached to the vehicle, if:
(a) a driver of the vehicle is charged with, or issued with a summons for, a prescribed driving offence (the relevant offence); and
(b) the driver was found guilty of 2 or more prescribed driving offences during the 2 years immediately before being charged with the relevant offence; and
(c) the person knows about the matters mentioned in paragraphs (a) and (b); and
(d) the person has been notified under section 29AJ(2) of the intention of the Commissioner of Police to apply for a forfeiture order for the relevant offence.
Maximum penalty: 400 penalty units or imprisonment not exceeding 2 years.
(5) If a motor vehicle is impounded under an impounding determination or impounding order, a person must not:
(a) unlawfully remove the vehicle or anything fitted or attached to the vehicle from the storage place where the vehicle is kept; or
(b) interfere with the vehicle while it is kept at the storage place; or
(c) remove or tamper with any device used to immobilise the vehicle while it is kept at the storage place.
Maximum penalty: 100 penalty units.
Subsection (5) does not apply to any of the following:
(a) a credit provider repossessing or selling the vehicle as mentioned in section 29AO;
(b) a person maintaining the vehicle (including, for example, periodically starting the engine of the vehicle);
(c) a person removing personal possessions (other than a thing that is fitted or attached to the vehicle) from the vehicle.
In this section:
transaction, relating to a vehicle, includes but is not limited to:
a sale of all or part of the vehicle; and
the creation of a mortgage or charge in relation to the vehicle.
This Act’s bill:Second reading speech
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