sec.79BDecision on application for release of impounded or immobilised motor vehicle on basis of severe hardship

### sec.79B Decision on application for release of impounded or immobilised motor vehicle on basis of severe hardship The commissioner must consider an application for the release of a motor vehicle under section 79A after receiving all necessary information relevant to the application and either— grant the application; or refuse to grant the application. The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision. The commissioner may grant the application only if the commissioner is satisfied a refusal to grant the application would— cause severe financial hardship to the applicant or the applicant’s family by depriving the applicant of the applicant’s means of earning a living; or cause severe physical hardship to the applicant or the applicant’s family. For subsection (3) (a) , the applicant must give the following to the commissioner— a statement made by the applicant outlining how a refusal to grant the application would cause severe financial hardship to the applicant or the applicant’s family; if the applicant is not self-employed—a statement made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning a living if the application is refused. For subsection (3) (b) , the applicant must give the commissioner a statement made by the applicant that— outlines how a refusal to grant the application would cause severe physical hardship to the applicant or the applicant’s family; and has attached to it statutory declarations from persons other than the applicant, other documentary evidence, or certified copies of documentary evidence, in support of each matter stated in the statement. If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle. If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision. The commissioner may grant the application with or without conditions. a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes A condition made by the commissioner under this section expires on the earlier of the following— if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued; when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends. In this section— certified copy , of documentary evidence, means certified by a justice of the peace or commissioner for declarations in writing to be a true copy of the documentary evidence. s 79B ins 2013 No. 15 s 24 (sec.79B-ssec.1) The commissioner must consider an application for the release of a motor vehicle under section 79A after receiving all necessary information relevant to the application and either— grant the application; or refuse to grant the application. (sec.79B-ssec.2) The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision. (sec.79B-ssec.3) The commissioner may grant the application only if the commissioner is satisfied a refusal to grant the application would— cause severe financial hardship to the applicant or the applicant’s family by depriving the applicant of the applicant’s means of earning a living; or cause severe physical hardship to the applicant or the applicant’s family. (sec.79B-ssec.4) For subsection (3) (a) , the applicant must give the following to the commissioner— a statement made by the applicant outlining how a refusal to grant the application would cause severe financial hardship to the applicant or the applicant’s family; if the applicant is not self-employed—a statement made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning a living if the application is refused. (sec.79B-ssec.5) For subsection (3) (b) , the applicant must give the commissioner a statement made by the applicant that— outlines how a refusal to grant the application would cause severe physical hardship to the applicant or the applicant’s family; and has attached to it statutory declarations from persons other than the applicant, other documentary evidence, or certified copies of documentary evidence, in support of each matter stated in the statement. (sec.79B-ssec.6) If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle. (sec.79B-ssec.7) If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision. (sec.79B-ssec.8) The commissioner may grant the application with or without conditions. a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes (sec.79B-ssec.9) A condition made by the commissioner under this section expires on the earlier of the following— if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued; when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends. (sec.79B-ssec.10) In this section— certified copy , of documentary evidence, means certified by a justice of the peace or commissioner for declarations in writing to be a true copy of the documentary evidence. - (a) grant the application; or - (b) refuse to grant the application. - (a) cause severe financial hardship to the applicant or the applicant’s family by depriving the applicant of the applicant’s means of earning a living; or - (b) cause severe physical hardship to the applicant or the applicant’s family. - (a) a statement made by the applicant outlining how a refusal to grant the application would cause severe financial hardship to the applicant or the applicant’s family; - (b) if the applicant is not self-employed—a statement made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning a living if the application is refused. - (a) outlines how a refusal to grant the application would cause severe physical hardship to the applicant or the applicant’s family; and - (b) has attached to it statutory declarations from persons other than the applicant, other documentary evidence, or certified copies of documentary evidence, in support of each matter stated in the statement. - 1 a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle - 2 a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes - (a) if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued; - (b) when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.