Release of motor vehicle by Victoria Police
84N Release of motor vehicle by Victoria Police
A motor vehicle must be released to the registered operator or any other person entitled to possession as soon as is practicable if—
S. 84N(1)(a) amended by No. 37/2014 s. 10(Sch. item 147.37).
a police officer is satisfied that, at the time the relevant offence was committed, the motor vehicle used in the commission of the relevant offence was stolen or hired; or
under section 84M a senior police officer is not satisfied that there were reasonable grounds to impound or immobilise the motor vehicle; or
a senior police officer considers it reasonable or necessary to release the motor vehicle; or
the Magistrates' Court has made an order under section 84O(3).
If a motor vehicle is released in accordance with subsection (1)(a) or (b) the Crown is liable to pay the designated costs.
A senior police officer may, at his or her discretion, waive the designated costs if a motor vehicle is released in accordance with subsection (1)(c).
If—
a motor vehicle is released without any designated costs payable by a person seeking the release of the motor vehicle in accordance with this section; and
the driver is subsequently found guilty of the relevant offence for which the motor vehicle was impounded or immobilised—
the Chief Commissioner of Police may apply to the relevant court for an order that the driver pay to the Chief Commissioner of Police the designated costs.
S. 84O inserted by No. 93/2005 s. 4.
This Act’s bill:Second reading speech
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