Road Safety Act 1986

In this section—

The relevant court hearing an application for an impoundment or immobilisation order or a forfeiture order—

must allow any person served with a notice under section 84W(1) or 84Y(1) to be heard at the hearing of the application and to show cause why an impoundment or immobilisation order or a forfeiture order should not be made; and

may allow any other person to be heard if the court is satisfied that an impoundment or immobilisation order or a forfeiture order may substantially affect that person's interests.

The court must not make an impoundment or immobilisation order or a forfeiture order if the registered operator of the motor vehicle that was used in the commission of the relevant offence can prove to the court's satisfaction that the relevant offence was committed without the knowledge or consent of the registered operator.

Subject to subsections (3A), (3AB), (3B) and (3C), the court may decline to make an impoundment or immobilisation order or a forfeiture order if the court is satisfied that such an order would cause exceptional hardship to any person.

The court must not decline to make an impoundment or immobilisation order on the grounds of exceptional hardship caused to the offender if—

the offender is disqualified from obtaining a driver licence or learner permit for a period of longer than 3 months; or

the offender's driver licence or learner permit is suspended for a period of longer than 3 months.

The court must not decline to make a forfeiture order on the grounds of exceptional hardship caused to the offender if—

the offender is disqualified from obtaining a driver licence or learner permit for any period; or

the offender's driver licence or learner permit is suspended for any period.

The court must not decline to make an impoundment or immobilisation order or a forfeiture order on the grounds of exceptional hardship relating to the offender's employment unless the offender, or another person appearing before the court, 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.

In determining whether to decline to make an impoundment or immobilisation order or a forfeiture order on the ground of exceptional hardship, the 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 court declines to make an impoundment or immobilisation order or a forfeiture order on the ground of exceptional hardship, it may require the applicant (other than the offender) to give an undertaking that the motor vehicle will not be made available to be driven by the offender during a period not exceeding—

3 months if the application is for an impoundment or immobilisation order and—

the offender is disqualified from obtaining a driver licence or learner permit for a period not exceeding 3 months; or

the offender's driver licence or learner permit is suspended for a period not exceeding 3 months; or

12 months in any other case.

A person is deemed to be released from an undertaking under subsection (3D) if, on appeal—

the driver is found not guilty of the relevant offence in relation to which the motor vehicle was impounded, immobilised or forfeited and is not found guilty of any other relevant offence arising out of the same single set of circumstances; or

the conviction for that relevant offence is set aside.

If the court makes an impoundment or immobilisation order the Chief Commissioner of Police must notify the driver and the registered operator that if the motor vehicle is not collected or released within two months after the motor vehicle was impounded or immobilised the Chief Commissioner of Police may sell or otherwise dispose of the motor vehicle and any item or thing left in or on the motor vehicle.