Deciding application
123H Deciding application
The commissioner must, within 28 days after receiving a release application, decide to—
grant the application and release the vehicle; or
grant the application and retain the vehicle until the commissioner is satisfied it is no longer required for investigative or evidentiary purposes; or
refuse the application.
The commissioner must decide to grant the application if satisfied—
the applicant is an owner of the vehicle; and
at least 1 ground for release is made out.
If the commissioner decides to grant the application, the commissioner must give the applicant written notice of the decision (a release notice) stating that the release application is granted and either—
the vehicle will be released when the commissioner is satisfied it is no longer required for investigative or evidentiary purposes; or
the applicant may collect the vehicle from a stated place during stated hours and, if the applicant does not collect the vehicle within 30 days after the date of the release notice, the vehicle may be forfeited to the State and may be disposed of.
If the commissioner gives a release notice under subsection (3)(a), the commissioner must, when the commissioner is satisfied the vehicle is no longer required for investigative or evidentiary purposes, give the applicant a further notice (also a release notice) stating the matters mentioned in subsection (3)(b).
If the commissioner refuses the application, the commissioner must give the applicant written notice of the decision (an information notice) stating—
that the release application is refused; and
the reasons for the decision, including whether the refusal is because of failure to satisfy the commissioner of the applicant’s claim to ownership of the vehicle or failure to establish a ground for release of the vehicle; andNote—See also the Acts Interpretation Act 1954, section 27B for matters that must be included with the reasons.
that the applicant may apply for internal review of the decision within the review period; and
the requirements for making an application for internal review; and
that if no application for internal review is made within the review period, the vehicle will be forfeited to the State and may be destroyed or otherwise disposed of.
This Act’s bill:Explanatory memorandum
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