Traffic Act 1925

This section applies to a vehicle that has been seized under section 41E.

The registered operator of the vehicle is liable to pay the reasonable expenses of removing and storing the vehicle.

The Commissioner of Police must, as soon as practicable after the seizure, cause reasonable steps to be taken to inform the registered operator of the seizure, and the provisions of this section.

If the registered operator is informed of the seizure and does not claim the vehicle and pay the expenses within one month after the date of being so informed, the Commissioner of Police may cause the vehicle to be – sold privately or by auction or public tender and use any money received from the sale to defray the expenses; or disposed of in such manner as the Commissioner of Police thinks fit if he or she reasonably considers that the vehicle could not be sold for an amount greater than the amount of the expenses.

If reasonable steps to locate the registered operator have been unsuccessful, the Commissioner of Police may act under subsection (4)(a) or (b) after the expiration of the period of one month from the date of seizure.

If the proceeds of a sale under this section exceed the amount of the expenses, the Commissioner of Police is to hold the balance for a period of 3 months from the date of sale and, if the balance is not claimed by the registered operator during that period, pay the balance into the Public Account.