sec.79DDecision on application for release of impounded or immobilised motor vehicle on basis prescribed offence happened without owner’s consent

### sec.79D Decision on application for release of impounded or immobilised motor vehicle on basis prescribed offence happened without owner’s consent The commissioner must consider an application for the release of a motor vehicle under section 79C 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 the relevant prescribed offence happened without the consent of the owner. 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— relevant prescribed offence means the prescribed offence because of which the impoundment or immobilisation has happened. s 79D ins 2013 No. 15 s 24 (sec.79D-ssec.1) The commissioner must consider an application for the release of a motor vehicle under section 79C after receiving all necessary information relevant to the application and either— grant the application; or refuse to grant the application. (sec.79D-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.79D-ssec.3) The commissioner may grant the application only if the commissioner is satisfied the relevant prescribed offence happened without the consent of the owner. (sec.79D-ssec.4) If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle. (sec.79D-ssec.5) 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.79D-ssec.6) 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.79D-ssec.7) 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.79D-ssec.8) In this section— relevant prescribed offence means the prescribed offence because of which the impoundment or immobilisation has happened. - (a) grant the application; or - (b) refuse to grant the application. - 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.