Road Safety Act 1986

If a police officer believes on reasonable grounds that a motor vehicle has been used in the commission of a relevant offence, he or she may serve a notice on the registered operator of the motor vehicle requiring the surrender of the motor vehicle.

A notice served under subsection (1) must—

be served—

if the relevant offence is an offence to which section 66 applies, within 42 days of the commission of the relevant offence; or

if the relevant offence is—

an offence under section 49(1)(b), (bb), (bc), (g), (i) or (j) in relation to which the offender was required to give a sample of blood under section 55(9A), 55B(1)(a), 55BA(2), 55E(13) or 56(2); or

an offence under section 49(1)(bb), (bc), (h) or (j) in relation to which the offender was required to give a sample of oral fluid under section 55E(2) or (3)—

if the relevant offence is an offence against section 64A(1) or an offence against section 319AA(1) of the Crimes Act 1958, within 42 days of the commission of the relevant offence; or

in any other case, within 10 days of the commission of the relevant offence; and

allow at least 7 days after the notice is served for the surrender of the motor vehicle unless an earlier time is consented to by the registered operator of the motor vehicle and that consent is endorsed in writing on the notice.

A notice under subsection (1) must include—

a statement by a police officer that the motor vehicle is liable to impoundment or immobilisation because that police officer believes on reasonable grounds that the motor vehicle was used in the commission of a relevant offence—

if the relevant offence is an offence to which section 66 applies, within the preceding 42 days; or

if subsection (2)(a)(ia) applies, within the preceding 3 months; or

if subsection (2)(a)(ib) applies, within the preceding 42 days; or

in any other case, within the preceding 10 days; and

a statement of the nature of the relevant offence and the date and time when the relevant offence is alleged to have been committed; and

the name of the driver of the motor vehicle who is alleged to have committed the relevant offence; and

the date, time and place at which the motor vehicle is required to be surrendered to a member of Victoria Police personnel or an authorised person; and

a statement that if the motor vehicle is not surrendered at the date, time and place specified in the notice a police officer may seize the motor vehicle in accordance with section 84G; and

the prescribed particulars (if any).

A registered operator served with a notice under subsection (1) must comply with the notice, unless the registered operator has a reasonable excuse.

If the motor vehicle is not surrendered to a member of Victoria Police personnel or an authorised person at the date, time and place specified in a notice served under subsection (1), a police officer may, within 10 days after the period specified in the notice expires, exercise any power under sections 84F to 84GB to seize the motor vehicle.