Road Traffic Act 1974

This section applies if —

because of a pending charge of an impounding offence (driving) against a person (the driver), the person has been regarded under this Subdivision as a previous offender as defined in section 79(1A) (a previous offender); and

the driver is acquitted of or discharged from the charge; and

the driver would not otherwise have been a previous offender.

If the acquittal or discharge occurs when a vehicle has been impounded on the basis that the person is a previous offender but the impounding period that would have applied if the person had not been a previous offender (the shorter impounding period) has not yet elapsed, the impounding period is reduced by this section to the shorter impounding period.

If the acquittal or discharge occurs when a vehicle has been impounded on the basis that the person is a previous offender and the impounding period that would have applied if the person had not been a previous offender (the shorter impounding period) has already elapsed but the vehicle is still impounded, the impounding period is reduced by this section to end on the day on which the acquittal or discharge occurs.

The Commissioner is to ensure that each person, other than the CEO, to whom a notice of the impounding of the vehicle has been given under section 79B is given a notice of a reduction of the impounding period by this section.

Whether the acquittal or discharge occurs while the vehicle is still impounded or not, for calculating a liability under this Division to pay an amount by reference to the expenses incurred by the Commissioner in impounding the vehicle those expenses are limited to expenses that would have been incurred in impounding the vehicle for the shorter impounding period.

A person who has already paid under this Division an amount that exceeds the amount calculated according to subsection (5) is entitled to a refund from the Commissioner of the amount of the excess.