Sale or disposal of uncollected motor vehicles and items
84ZQ Sale or disposal of uncollected motor vehicles and items
Subject to subsection (2), the Chief Commissioner of Police may sell, by public auction or tender, or otherwise dispose of, a motor vehicle and any item or thing left in or on the motor vehicle, if—
S. 84ZQ(1)(a) amended by No. 37/2014 s. 10(Sch. item 147.44).
a decision is made by a police officer to impound or immobilise a motor vehicle under section 84F or an impoundment or immobilisation order is made against that motor vehicle; and
the motor vehicle is not collected or released 2 months or more after the date on which the motor vehicle first became available for collection or release.
S. 84ZQ(1A) inserted by No. 76/2010 s. 28(1).
A purchaser of a motor vehicle, item or thing sold in accordance with subsection (1) acquires good title to that vehicle, item or thing.
S. 84ZQ(2) substituted by No. 28/2009 s. 38.
The Chief Commissioner of Police must not sell or otherwise dispose of a motor vehicle or an item or thing left in or on a motor vehicle under subsection (1) unless—
the matters referred to in subsection (3) are satisfied; or
a disposal order has been made for the motor vehicle.
S. 84ZQ(3) inserted by No. 28/2009 s. 38.
For the purposes of subsection (2)(a), the matters that must be satisfied before the Chief Commissioner may sell or otherwise dispose of the motor vehicle or item or thing are—
S. 84ZQ(3)(a) amended by No. 41/2020 s. 45.
all proceedings in relation to the relevant offence that led to the impoundment or immobilisation of the motor vehicle (other than any proceedings under Part 10 of the Fines Reform Act 2014) have been finalised and any appeal period has expired; and
S. 84ZQ(3)(b) substituted by Nos 76/2010 s. 28(2), 70/2016 s. 28(1).
at least 14 days before the sale or disposal—
the Chief Commissioner has given notice in accordance with section 84ZQA; or
if the motor vehicle is a miniaturised motor cycle and the Chief Commissioner of Police is unable to establish the identity of the owner of the motor vehicle—a picture of the miniaturised motor cycle has been posted in accordance with section 84K(3); and
S. 84ZQ(3)(c) repealed by No. 76/2010 s. 28(3).
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if the Chief Commissioner intends to sell or otherwise dispose of an item or thing left in or on the motor vehicle, all reasonable efforts have been made to return the item or thing to its owner.
S. 84ZQ(4) inserted by No. 76/2010 s. 28(4), substituted by No. 70/2016 s. 28(2).
Subject to subsection (5), if—
notice is given under section 84ZQA of an intention to sell or otherwise dispose of a motor vehicle and any uncollected item or thing left in or on it; or
in the case of a motor vehicle that is a miniaturised motor cycle, a picture of the motor vehicle is posted in accordance with subsection (3)(b)(ii)—
14 days after the notice is given or the picture is posted (as the case may be), the motor vehicle and any items or things left in or on it vest absolutely in the Crown, free from all other interests, rights, titles or claims in or to ownership or possession.
S. 84ZQ(5) inserted by No. 76/2010 s. 28(4), amended by No. 70/2016 s. 28(3).
Subsection (4) does not apply to a motor vehicle, item or thing if, within the 14 day period referred to in that subsection, the Chief Commissioner of Police determines that the motor vehicle, item or thing should not be sold or otherwise disposed of.
S. 84ZQ(6) inserted by No. 76/2010 s. 28(4).
Subsection (4) has effect despite any other Act (other than the Charter of Human Rights and Responsibilities) or law to the contrary.
S. 84ZQA inserted by No. 76/2010 s. 29 (as amended by No. 32/2011 s. 5).
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