84HSurrender of motor vehicle

84H Surrender of motor vehicle

S. 84H(1) amended by Nos 52/2007 s. 12(1), 50/2012 s. 8(1), 37/2014 s. 10(Sch. item 147.34(a)).

(1) If a police officer believes on reasonable grounds that a motor vehicle has been used in the commission of a relevant offence, he or she may serve a notice on the registered operator of the motor vehicle requiring the surrender of the motor vehicle.

(2) A notice served under subsection (1) must—

S. 84H(2)(a) substituted by No. 52/2007 s. 12(2).

(a) be served—

S. 84H(2)(a)(i) amended by Nos 28/2009 s. 34(1), 50/2012 s. 8(2), substituted by No. 40/2015 s. 11(1).

(i) if the relevant offence is an offence to which section 66 applies, within 42 days of the commission of the relevant offence; or

S. 84H(2)(a)(ia) inserted by No. 50/2012 s. 8(3).

(ia) if the relevant offence is—

(a)(ia)(A) amended by Nos 49/2014 ss 40(1), 62(1), 40/2015 s. 8.

(A) an offence under section 49(1)(b), (bb), (bc), (g), (i) or (j) in relation to which the offender was required to give a sample of blood under section 55(9A), 55B(1)(a), 55BA(2), 55E(13) or 56(2); or

(a)(ia)(A) amended by No. 49/2014 ss 40(2).

(B) an offence under section 49(1)(bb), (bc), (h) or (j) in relation to which the offender was required to give a sample of oral fluid under section 55E(2) or (3)—

at any time after the charge-sheet is filed but not later than 3 months after the commission of the relevant offence; or

(a)(ib) inserted by No. 70/2016 s. 36(1).

(ib) if the relevant offence is an offence against section 64A(1) or an offence against section 319AA(1) of the Crimes Act 1958, within 42 days of the commission of the relevant offence; or

(ii) in any other case, within 10 days of the commission of the relevant offence; and

S. 84H(2)(b) amended by No. 50/2012 s. 8(4).

(b) allow at least 7 days after the notice is served for the surrender of the motor vehicle unless an earlier time is consented to by the registered operator of the motor vehicle and that consent is endorsed in writing on the notice.

(3) A notice under subsection (1) must include—

S. 84H(3)(a) amended by Nos 52/2007 s. 12(3), 37/2014 s. 10(Sch. item 147.34(b)(i)).

(a) a statement by a police officer that the motor vehicle is liable to impoundment or immobilisation because that police officer believes on reasonable grounds that the motor vehicle was used in the commission of a relevant offence—

S. 84H(3)(a)(i) inserted by No. 52/2007 s. 12(3), amended by Nos 28/2009 s. 34(2), 50/2012 s. 8(5), substituted by No. 40/2015 s. 11(2).