Seizure of number plates of vehicle
43 Seizure of number plates of vehicle
The
Chief Recovery Officer may, by written determination, determine to seize the number plates of any vehicle that a debtor or alleged offender owns or is accustomed to drive or that was used in the commission of an offence or alleged offence to which action under this Division relates.
The
Chief Recovery Officer must cause notice of the written determination to seize the number plates of a vehicle to be given to the debtor or alleged offender and to each registered owner of the vehicle.
A determination under this section authorises the Chief Recovery
Officer to seize the number plates of a vehicle referred to in subsection (1).
However, the Chief Recovery Officer may not seize the number plates of a vehicle if—
the vehicle is situated in a public place; or
seizure of the number plates would cause undue inconvenience to a person other than the debtor or alleged offender.
If a determination has been made under this section in relation to a vehicle, the Chief Recovery Officer may do anything reasonably necessary for the purposes of carrying out functions under this section, including entering any place, including a public place, (using such force as may be necessary) at which the Chief Recovery
Officer reasonably suspects the vehicle is situated and breaking into or opening any garage or other structure in which the vehicle can be seen to be stored at the place.
The
Chief Recovery Officer—
must determine to return the vehicle's number plates to the registered owner if all monetary amounts owed by the debtor or alleged offender are paid in full within 28 days of the day on which the vehicle's number plates are seized; and
may determine to return the vehicle's number plates to the registered owner at any other time in the Officer's absolute discretion.
If all monetary amounts owed by the debtor or alleged offender are not paid within 28 days of the day on which the vehicle's number plates are seized, the Chief Recovery Officer may, subject to this section, dispose of the vehicle's number plates by forwarding them to the Registrar of Motor Vehicles.
Number plates must not be disposed of by the Chief Recovery Officer under subsection (7) unless, not less than 14 days before the number plates are forwarded to the Registrar of Motor Vehicles, notice of the Chief
Recovery Officer's intention to dispose of the number plates was sent by registered post to—
in the case of a registered vehicle—the registered address of each registered owner of the vehicle; or
in any other case—the address of any owner of the vehicle of which the Chief Recovery Officer is aware.
The
Chief Recovery Officer may ask a person questions for the purpose of carrying out functions under this section, including questions for the purpose of determining whether the number plates of a particular vehicle are liable to be seized under this section.
A person who—
refuses or fails, without reasonable excuse, to answer a question under subsection (9);
or
in response to a question under subsection (9) gives an answer that is false or misleading in a material particular, is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
In this section—
public place includes a road and a road-related area (both within the meaning of the Motor
Vehicles Act 1959).
This Act’s bill:Second reading speech
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