Decision on application for release of impounded or immobilised motor vehicle on basis that circumstances giving rise to offence have been rectified
79F Decision on application for release of impounded or immobilised motor vehicle on basis that circumstances giving rise to offence have been rectified
The commissioner must consider an application for the release of a motor vehicle under section 79E after receiving all necessary information relevant to the application and either—
grant the application; or
refuse to grant the application.
The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.
The commissioner may grant the application if the commissioner is satisfied the circumstances giving rise to the offence have been rectified.
If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.
If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.
The commissioner may grant the application with or without conditions.Examples of conditions—
1 a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle
2 a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes
A condition made by the commissioner under this section expires on the earlier of the following—
if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;
when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.
This provision refers to the regulations (prescribed offence
). Made under this Act:
This Act’s bill:Explanatory memorandum
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