Road Safety Act 1986

If a court makes an impoundment or immobilisation order, the motor vehicle must not be released from impoundment or immobilisation until the designated costs are paid by the person seeking to collect or release the motor vehicle.

Despite subsection (1), a motor vehicle may be released from immobilisation without the payment of the designated costs if the Chief Commissioner of Police has accepted a signed undertaking given by the registered operator of the motor vehicle in accordance with subsection (3).

For the purposes of subsection (2), the undertaking must provide that, in return for the release of the motor vehicle without payment of the designated costs, the registered operator undertakes by the date specified by the Chief Commissioner of Police—

to remove the registration plates of the motor vehicle and return them to the Secretary; and

to have the motor vehicle destroyed by a recycler approved by the Chief Commissioner; and

to give to the Chief Commissioner a certificate issued by the recycler confirming the destruction of the motor vehicle.

If the registered operator complies with the undertaking, the Chief Commissioner of Police must waive the designated costs.

If the registered operator fails to comply with the undertaking—

the amount of the designated costs becomes a debt due to the Crown recoverable in a court of competent jurisdiction; and

the motor vehicle may be seized by a police officer and immobilised or impounded until—

the designated costs (including any further costs associated with the subsequent immobilisation or impoundment under this paragraph) are paid; or

the vehicle is sold or disposed of under Division 5.