Notice where 2 or more offences charged
84Y Notice where 2 or more offences charged
If a driver has been charged with 2 or more relevant offences, the Chief Commissioner of Police may, before the charges are heard or determined, serve a notice on—
the driver; and
the registered operator of the motor vehicle in respect of which an order is to be sought, if he or she is not the driver referred to in paragraph (a); and
S. 84Y(1)(c) amended by No. 81/2006 s. 36(1).
any person who the Chief Commissioner of Police is aware has an interest in the motor vehicle in respect of which an order is to be sought; and
S. 84Y(1)(d) inserted by No. 81/2006 s. 36(2), amended by No. 49/2019 s. 116(Sch. 1 item 182).
the Secretary.
A notice under subsection (1) must specify the motor vehicle in respect of which an order is to be sought.
A notice served under subsection (1) must state—
S. 84Y(3)(a) substituted by No. 76/2010 s. 21(1).
that the Chief Commissioner of Police intends to apply to the relevant court for an impoundment or immobilisation order or a forfeiture order in accordance with this Part if the requirements of this Part relating to previous relevant offences (if any) are satisfied; and
the registration number of the motor vehicle that is the subject of the notice; and
that a person named in the notice may, if the Chief Commissioner makes the application, appear before the relevant court at the hearing of the application and show cause why the order should not be made; and
that the person on whom the notice is served must not sell or otherwise dispose of his or her interest in the relevant motor vehicle without the approval of the relevant court.
S. 84Y(4) amended by No. 81/2006 s. 37.
A person on whom a notice is served under subsection (1) must not, before the application referred to in the notice is made and determined, or if an impoundment or immobilisation order or a forfeiture order is made, before the motor vehicle is seized under this Division, without the approval of the relevant court, sell or otherwise dispose of any interest in the motor vehicle that is the subject of the notice.
- 60 penalty units.
Subsection (4) ceases to apply if—
S. 84Y(5)(a) amended by Nos 76/2010 s. 21(2)(a), 68/2017 s. 37.
the driver is found not guilty of one or more relevant offences which results in the driver being subject to only one remaining charge for a relevant offence; or
S. 84Y(5)(b) amended by No. 76/2010 s. 21(2)(b).
the Chief Commissioner of Police does not make the application referred to in the notice within 28 days after the driver is sentenced for the relevant offences in relation to which the notice is served; or
S. 84Y(5)(c) amended by Nos 76/2010 s. 21(2)(c), 68/2017 s. 37.
the charges for one or more of the relevant offences specified in the notice are withdrawn which results in the driver being subject to only one remaining charge for a relevant offence.
S. 84YA inserted by No. 81/2006 s. 38.
This Act’s bill:Second reading speech
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