Heavy Vehicle National Law Act 2012

Without limiting any other provision of this Chapter, a power under this Chapter for an authorised officer to seize a thing includes a power to seize a number plate for a heavy vehicle under subsection (2) or (3).

An authorised officer may seize a number plate (whether or not displayed on a heavy vehicle) if the officer reasonably believes—

that the number plate is being used other than in accordance with an Australian road law; or

that the number plate was not issued in accordance with an Australian road law.

An authorised officer may seize a number plate if it is displayed on a heavy vehicle and the officer reasonably believes—

that the number plate does not bear the registration number last assigned to the vehicle; or

that—

the vehicle is not registered or exempted from registration; and

the period during which the registration of the vehicle may be renewed has expired.

An authorised officer may retain—

a number plate seized under subsection (2) until the officer is satisfied that it was not being so used and that it was issued in accordance with an Australian road law; or

a number plate seized under subsection (3) until the officer is satisfied that circumstances exist that allow it to be used without being subject to retention under this subsection.

An authorised officer must return a number plate seized under subsection (2) or (3) to—

the driver or operator of the vehicle, if the officer is satisfied as to the relevant matters referred to in subsection (4); or

an appropriate authority, if the officer is not satisfied as to those matters after a reasonable period.

The national regulations may prescribe, or prescribe guidelines for determining, an appropriate authority for the purposes of subsection (5).