Release application
123G Release application
This section applies to a seized vehicle described in a seizure notice given or published under section 123F.
A person who claims to be an owner of the vehicle may apply to the commissioner for the release of the vehicle.
The release application must—
be in the approved form; and
be made within the standard release application period; and
contain evidence to establish—
the person is an owner of the vehicle; and
at least 1 ground for release is made out.
Examples of evidence to establish that a ground for release is made out—
• CCTV footage showing that a vehicle was brought to a public place in a lawful way and was not ridden in a public place
• documentation showing a vehicle is not a prohibited bike
Despite subsection (3)(b), the commissioner may, before the end of the standard release application period, extend the period for making an application by a further period of up to 30 days if satisfied the extension is reasonable in the interests of justice.
For subsection (3)(c)(ii), a statement or statutory declaration by the applicant about a particular matter is not of itself sufficient evidence to establish the matter.
This Act’s bill:Explanatory memorandum
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