Road Safety Act 1986

The relevant court hearing an application for a disposal order—

must allow a person served with a notice under section 84ZU to be heard at the hearing of the application and to show cause why the disposal order should not be made; and

may allow any other person to be heard if the court is satisfied the disposal order may substantially affect the person's interests.

After hearing the application, the court may—

make the disposal order; or

decline to make the disposal order if the court is satisfied the order would cause exceptional hardship to a person.

The court must not decline to make a disposal order on the grounds of exceptional hardship relating to the accused if—

the accused is disqualified from obtaining a driver licence or learner permit; or

the driver licence or learner permit held by the accused is suspended.

The court must not decline to make a disposal order on the grounds of exceptional hardship relating to the employment of the accused unless the accused, or another person appearing before the court, satisfies the court that—

driving the impounded or immobilised vehicle is essential (not merely convenient) for the employment of the accused; and

no other transport to his or her place of employment is available to the accused; and

the accused, after making reasonable enquiries, is unable to arrange for another person to drive the accused to his or her place of employment.

If the court makes the disposal order, the motor vehicle vests absolutely in the Crown, free from all other interests, rights, titles or claims in or to ownership or possession.

Subsection (5) has effect despite any other Act (other than the Charter of Human Rights and Responsibilities) or law to the contrary.