Direction not to transfer registration or register motor vehicle
84YA Direction not to transfer registration or register motor vehicle
S. 84YA(1) amended by No. 49/2019 s. 116(Sch. 1 item 183).
Within 7 days after service of a notice under section 84W(1) or 84Y(1), the Chief Commissioner of Police must direct the Secretary—
not to transfer the registration of the motor vehicle that is the subject of the notice from the registered operator to another person; or
not to register (other than by way of renewal) the motor vehicle that is the subject of the notice, unless the applicant for registration was the most recent registered operator of that motor vehicle—
until the Chief Commissioner notifies the Secretary that the direction has ceased in accordance with subsection (3).
Subsection (1) applies whether or not an actual application for transfer of registration or registration has been made.
S. 84YA(3) amended by No. 49/2019 s. 116(Sch. 1 item 183).
The Chief Commissioner of Police must notify the Secretary that the direction not to transfer registration or register under subsection (1) has ceased when any of the following occurs—
if a notice is served under section 84W(1)—
the driver is found not guilty of the relevant offence for which the application specified in the notice is made and the driver is not found guilty of any other relevant offence arising out of the same single set of circumstances;
the Chief Commissioner of Police does not make the application referred to in the notice within 28 days after the driver is sentenced for a relevant offence;
S. 84YA (3)(a)(iii) amended by No. 68/2009 s. 97(Sch. item 106.21).
the charge for the relevant offence specified in the notice is withdrawn and no other charge-sheet is filed charging any other relevant offence arising out of the same single set of circumstances;
if a notice is served under section 84Y(1)—
S. 84YA (3)(b)(i) amended by Nos 76/2010 s. 22(a), 68/2017 s. 38.
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;
S. 84YA (3)(b)(ii) amended by No. 76/2010 s. 22(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;
S. 84YA (3)(b)(iii) amended by Nos 76/2010 s. 22(c), 68/2017 s. 38.
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;
the court hearing the application declines to make an impoundment or immobilisation order or a forfeiture order;
the court sets aside an impoundment or immobilisation order or a forfeiture order under section 84ZA;
an impoundment or immobilisation order or a forfeiture order is set aside on appeal or, as a result of a conviction for a relevant offence being set aside on appeal, the order ceases to have effect;
the period of impoundment or immobilisation specified in an impoundment or immobilisation order ends;
S. 84YA(3)(fa) inserted by No. 50/2012 s. 15.
the motor vehicle vests in the Crown under section 84ZQ(4), 84ZQAB(3) or 84ZW(5);
S. 84YA(3)(g) amended by No. 37/2014 s. 10(Sch. item 147.42).
a forfeiture order becomes effective and a police officer or an authorised person takes possession of the motor vehicle that is the subject of the forfeiture order.
Note
Section 84ZB sets out when an order takes effect.
S. 84YB (Heading) amended by No. 49/2019 s. 116(Sch. 1 item 184).
S. 84YB inserted by No. 81/2006 s. 38.
This Act’s bill:Second reading speech
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