Seizure of number plates
16 Seizure of number plates
S. 16(1) amended by Nos 37/2014 s. 10(Sch. item 147.4(a)), 49/2019 s. 116(Sch. 1 item 24(a)).
An authorised officer for the purposes of this section or a police officer may take possession of any number plate which the authorised officer or police officer has reasonable grounds for suspecting—
is being used other than in accordance with this Act and the regulations; or
was not issued in accordance with this Act and the regulations—
and may retain it until the Secretary is satisfied that it was not being so used and that it was issued in accordance with this Act and the regulations.
S. 16(1A) inserted by No. 92/2001 s. 9, amended by Nos 37/2014 s. 10(Sch. item 147.4(b)), 49/2019 s. 116(Sch. 1 item 24 (b)(i)(iii)).
A police officer, or an employee in the Department authorised by the Secretary for the purposes of this subsection, may take possession of any number plate displayed on a motor vehicle or trailer which the police officer has reasonable grounds for suspecting—
S. 16(1A)(a) amended by No. 49/2019 s. 116(Sch. 1 item 24(b)(ii)).
does not bear the registration number last assigned to that motor vehicle or trailer by the Secretary; or
is displayed on a motor vehicle or trailer—
that is not registered under Part 2 or exempted from registration under the regulations; and
in relation to which the period during which the registration of the vehicle may be renewed in accordance with the regulations has expired—
and may return it to the Secretary or retain it until the police officer is satisfied that circumstances exist that allow it to be used without being subject to being taken possession of under this subsection.
S. 16(2) inserted by No. 84/1994 s. 57(2), substituted by No. 58/1995 s. 7(2).
In this section authorised officer for the purposes of this section means—
S. 16(2)(a) substituted by No. 49/2019 s. 116(Sch. 1 item 24(c)).
an officer or agent of the Transport Accident Commission authorised in writing by the Secretary for the purposes of this section; or
S. 16(2)(b) amended by Nos 46/1998 s. 7(Sch. 1), 50/2012 s. 29(3), 70/2013 s. 4(Sch. 2 item 44.3), 70/2016 s. 41(2)[4], 68/2017 s. 79(1), 49/2019 s. 189(a).
an employee in the Department authorised in writing by the Secretary or the Head, Transport for Victoria for the purposes of this section; or
S. 16(2)(c) inserted by No. 49/2019 s. 189(b), amended by No. 41/2020 s. 26.
a member of staff of the Regulator authorised by the Secretary or the Regulator for the purposes of this section.
Pt 2 Div. 2A (Heading and ss 16AA–16AH) inserted by No. 49/2019 s. 119.
This provision refers to the regulations (the regulations
). Made under this Act:
- Road Safety (Automated Vehicles) Regulations 2018 · under section 95
- Road Safety (Drivers) Regulations 2019 · under section 95
- Road Safety (Driving Instructors) Regulations 2020 · under section 95
4 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Second reading speech
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