Terms used
78A Terms used
In this Division —
approved means approved by the Commissioner;
Commissioner means the Commissioner of Police;
day of the offence means the day on which the relevant offence was committed;
hired, in relation to a vehicle, means a vehicle that —
is owned by a person whose business is the short term hire of vehicles; and
is part of the business’s fleet; and
under a written agreement, is hired for the hirer’s short term use;
impound, in relation to a vehicle, means to store the vehicle following its seizure or surrender;
impounding offence (driver’s licence) means —
an offence against section 49(1)(a) that is committed by a person described in section 49(3)(a), (b), (ca), (c) or (da); or
an offence against the Road Traffic (Authorisation to Drive) Act 2008 section 38(1)(a); or
an offence committed before the coming into operation of the Road Traffic Amendment Act 2008 section 5(a) that was an impounding offence (driver’s licence) as defined in this section as in force when the offence was committed;
impounding offence (driving) means —
an offence against section 60, 60A or 62A; or
an offence committed before the coming into operation of the Road Traffic Amendment (Impounding and Confiscation of Vehicles) Act 2016 section 14 that was an impounding offence (driving) as defined in this section as in force when the offence was committed;
impounding or confiscation order means —
a court order made under section 80A, 80B(1), 80C(1), 80CA(1), 80CB(1) or 80FA; or
a court order made before the coming into operation of the Road Traffic Amendment (Impounding and Confiscation of Vehicles) Act 2016 section 14 that was an impounding or confiscation order as defined in this section as in force when the order was made;
impounding order means a court order under section 80B(1), 80CA(1) or 80FA;
impounding period means the period for which the vehicle is specified to be impounded;
interest, in relation to a vehicle, means a legal or equitable interest, right or title in or to the ownership or possession of the vehicle;
lent in addition to the ordinary meaning of the word means hired in the ordinary meaning of that word, or subject to a hire purchase agreement within the meaning of that term in the Hire‑Purchase Act 1959 or subject to a goods mortgage in connection with a credit contract within the meaning of the National Credit Code (Commonwealth);
reasonable expenses, of the Commissioner, means expenses reasonably incurred by, and currently owing to, the Commissioner;
road rage circumstances accompany the commission of an offence if —
[(a) deleted]
the offence is committed as a reaction to, and is to a substantial extent motivated by, an occurrence that takes place on a road, or in any place to which the public is permitted, whether on payment of a fee or otherwise, to have access, while —
the offender is driving a vehicle on the road or in the place; and
a victim of the offence is using the same road or place, whether as the driver of, or a passenger in, another vehicle or otherwise;
road rage offence means an offence the commission of which is accompanied by road rage circumstances, but only if it is —
an offence of which it is an element that the offender —
assaults a victim; or
damages property in the possession of, or under the control of, a victim;
or
an offence against section 60, as in force from time to time, or 60A in circumstances that involve the offender driving in a manner that is dangerous to a particular victim;
senior police officer means a police officer who is, or is acting as, an inspector or an officer of a rank more senior than an inspector;
surrender period, in relation to a vehicle, means the period specified under section 80F in an order as the period in which the vehicle is to be surrendered to the Commissioner;
vehicle referred to in section 80GA means a vehicle for the impounding or confiscation of which an application may be made in accordance with section 80GA.
In this Division, section 60(1A) is the offence for which a vehicle was impounded if —
in relation to the driving of the vehicle, a person is charged with an offence against section 60A(1) or (2); and
under section 60A(3), the person is instead convicted of an offence against section 60(1A).
In this Division, section 60A(1) is the offence for which a vehicle was impounded if —
in relation to the driving of the vehicle, a person is charged with an offence against section 60(1A); and
under section 60(2), the person is instead convicted of an offence against section 60A(1).
In this Division, section 60A(2) is the offence for which a vehicle was impounded if —
in relation to the driving of the vehicle, a person is charged with an offence against section 60(1A); and
under section 60(2), the person is instead convicted of an offence against section 60A(2).
In this Division, section 62A, as in force from time to time, is the offence for which a vehicle was impounded if —
in relation to the driving of the vehicle, a person is charged with an offence against —
section 60(1A); or
section 60(1) as in force before the coming into operation of the Road Traffic Amendment (Impounding and Confiscation of Vehicles) Act 2016 section 14;
and
under section 60(2), the person is instead convicted of an offence against section 62A.
[Section 78A inserted: No. 10 of 2004 s. 13; amended: No. 54 of 2006 s. 25; No. 4 of 2007 s. 4, 11, 13 and 30; No. 24 of 2008 s. 5; No. 23 of 2009 s. 7; No. 14 of 2010 s. 12; No. 8 of 2012 s. 21 (as amended: No. 10 of 2015 s. 17); No. 2 of 2015 s. 13; No. 25 of 2016 s. 63; No. 51 of 2016 s. 14.]
[Section 78A. Modifications to be applied in order to give effect to Cross‑border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.]
78B. Penalties etc. not affected by impounding etc.
The impounding or confiscation of a vehicle under this Division does not affect or in any way limit a provision of this Act relating to the imposition of any penalty or disqualification on a person convicted of an offence in respect of which the vehicle was impounded or confiscated.
The impounding of a vehicle under Subdivision 2 is not relevant to the exercise by a court of its discretion under Subdivision 3 to impound or confiscate a vehicle.
For the purposes of the Sentencing Act 1995 section 8 the fact that a vehicle may be, or has been, impounded or confiscated under this Division is not a mitigating factor.
[Section 78B inserted: No. 10 of 2004 s. 13; amended: No. 24 of 2008 s. 6.]
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