Appeal rights
84O Appeal rights
S. 84O(1AA) inserted by No. 76/2010 s. 13(1).
In this section—
offender means a person believed to have committed the relevant offence in relation to which the motor vehicle was impounded or immobilised.
If a motor vehicle is impounded or immobilised under this Division, a person whose interests are substantially affected by the impoundment or immobilisation of the motor vehicle may apply to the Magistrates' Court for an order that the motor vehicle be released on the ground that the impoundment or immobilisation is causing, or will cause, exceptional hardship to the applicant or any other person.
An application under subsection (1) may be made at any time while the motor vehicle remains impounded or immobilised, including where the impoundment or immobilisation continues for longer than the designated period as a result of non-payment of the designated costs.
S. 84O(2A) inserted by No. 49/2014 s. 42.
An applicant under subsection (1) must give 7 days written notice of the application and of the venue of the Magistrates' Court at which it is to be heard to the Chief Commissioner of Police.
S. 84O(2B) inserted by No. 49/2014 s. 42.
A notice under subsection (2A) must state the grounds for the claim of exceptional hardship.
S. 84O(2C) inserted by No. 49/2014 s. 42.
The Magistrates' Court must not deal with, or determine, an application under subsection (1) unless it is satisfied that the applicant has complied with the requirements of subsections (2A) and (2B).
S. 84O(3) amended by No. 76/2010 s. 13(2).
Subject to subsections (3A), (3B) and (3C), on an application made under subsection (1), the Magistrates' Court may make an order that a motor vehicle impounded or immobilised under this Division be released to a specified person if the Court is satisfied that the impoundment or immobilisation is causing, or will cause, exceptional hardship to the applicant or any other person.
S. 84O(3A) inserted by No. 76/2010 s. 13(3).
If—
S. 84O(3A)(a) amended by No. 5/2016 s. 36(Sch. 1 item 43).
the offender is disqualified from obtaining a driver licence or learner permit; or
S. 84O(3A)(b) amended by No. 5/2016 s. 36(Sch. 1 item 43).
the offender's driver licence or learner permit is suspended—
for a period longer than the period of impoundment or immobilisation, the Magistrates' Court must not consider any exceptional hardship caused to the offender.
S. 84O(3B) inserted by No. 76/2010 s. 13(3).
The Magistrates' Court must not make an order under subsection (3) on the grounds of exceptional hardship relating to the offender's employment unless the applicant satisfies the Court that—
driving the impounded or immobilised motor vehicle is essential (not merely convenient) for the offender's employment; and
no other transport to his or her place of employment is available to the offender; and
the offender, after making reasonable enquiries, is unable to arrange for another person to drive the offender to his or her place of employment.
S. 84O(3C) inserted by No. 76/2010 s. 13(3).
In determining whether to make an order under subsection (3), the Magistrates' Court must have regard to the safety of the public and the public interest in preventing the use of a motor vehicle that the Court considers is reasonably likely in all the circumstances to be used for further driving offences.
If the Magistrates' Court makes an order under subsection (3) it may order that the applicant is not liable to pay all or part of the designated costs.
S. 84P inserted by No. 93/2005 s. 4.
This Act’s bill:Second reading speech
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