84WNotice of application

84W Notice of application (1) If the Chief Commissioner of Police intends to make an application under section 84U(1), or under both sections 84U(1) and 84V(1), he or she must, at least 28 days before making the application, serve notice of the intended application on— (a) the driver; and (b) the registered operator of the motor vehicle in respect of which an order is to be sought, if he or she is not the driver referred to in paragraph (a); and S. 84W(1)(c) amended by Nos 81/2006 s. 36(1), 68/2017 s. 36(a). (c) any person who the Chief Commissioner of Police is aware has an interest in the motor vehicle in respect of which an order is to be sought. S. 84W(1)(d) inserted by No. 81/2006 s. 36(2), repealed by No. 68/2017 s. 36(b). (2) A notice under subsection (1) must specify the motor vehicle in respect of which an order is to be sought. (3) A notice served under subsection (1) must state— (a) that if the driver is found guilty of a relevant offence, an application for an impoundment or immobilisation order or a forfeiture order will be made by the Chief Commissioner of Police in respect of the motor vehicle specified in the notice; and (b) the registration number of that motor vehicle; and (c) that a person named in the notice may appear before the relevant court at the hearing of the application and show cause why the order should not be made; and (d) that the person on whom the notice is served must not sell or otherwise dispose of his or her interest in the relevant motor vehicle without the approval of the relevant court. (4) If a notice has been served under subsection (1) in respect of the motor vehicle used in the commission of the relevant offence, a notice in respect of a substituted motor vehicle may only be served under this section if the original notice has been withdrawn. S. 84WA inserted by No. 32/2011 s. 14. 84WA Application to register financing statement after serving notice of application (1) As soon as practicable after serving notice under section 84W(1) of an intended application, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle that is the subject of the intended application. S. 84WA(2) amended by No. 49/2019 s. 116(Sch. 1 item 181). (2) The Secretary may apply to register a financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police. S. 84X inserted by No. 93/2005 s. 4. 84X Interest in motor vehicle not to be transferred S. 84X(1) amended by No. 81/2006 s. 37. (1) A person on whom a notice is served under section 84W(1) must not, before the application referred to in the notice is made and determined, or if an impoundment or immobilisation order or a forfeiture order is made, before the motor vehicle is seized under this Division, without the approval of the relevant court, sell or otherwise dispose of any interest in the motor vehicle that is the subject of the notice. (2) Subsection (1) ceases to apply if— (a) the driver is found not guilty of the relevant offence for which the application is made and is not found guilty of any other relevant offence arising out of the same single set of circumstances; or (b) the Chief Commissioner of Police does not make the application referred to in the notice within 28 days after the driver is sentenced for a relevant offence; or S. 84X(2)(c) amended by No. 68/2009 s. 97(Sch. item 106.19). (c) the charge for that relevant offence is withdrawn and no other charge-sheet is filed charging any other relevant offence arising out of the same single set of circumstances. S. 84Y (Heading) amended by No. 68/2009 s. 97(Sch. item 106.20). S. 84Y inserted by No. 93/2005 s. 4. 84Y Notice where 2 or more offences charged (1) If a driver has been charged with 2 or more relevant offences, the Chief Commissioner of Police may, before the charges are heard or determined, serve a notice on— (a) the driver; and (b) the registered operator of the motor vehicle in respect of which an order is to be sought, if he or she is not the driver referred to in paragraph (a); and S. 84Y(1)(c) amended by No. 81/2006 s. 36(1). (c) any person who the Chief Commissioner of Police is aware has an interest in the motor vehicle in respect of which an order is to be sought; and S. 84Y(1)(d) inserted by No. 81/2006 s. 36(2), amended by No. 49/2019 s. 116(Sch. 1 item 182). (d) the Secretary. (2) A notice under subsection (1) must specify the motor vehicle in respect of which an order is to be sought. (3) A notice served under subsection (1) must state— S. 84Y(3)(a) substituted by No. 76/2010 s. 21(1). (a) that the Chief Commissioner of Police intends to apply to the relevant court for an impoundment or immobilisation order or a forfeiture order in accordance with this Part if the requirements of this Part relating to previous relevant offences (if any) are satisfied; and (b) the registration number of the motor vehicle that is the subject of the notice; and (c) that a person named in the notice may, if the Chief Commissioner makes the application, appear before the relevant court at the hearing of the application and show cause why the order should not be made; and (d) that the person on whom the notice is served must not sell or otherwise dispose of his or her interest in the relevant motor vehicle without the approval of the relevant court. S. 84Y(4) amended by No. 81/2006 s. 37. (4) A person on whom a notice is served under subsection (1) must not, before the application referred to in the notice is made and determined, or if an impoundment or immobilisation order or a forfeiture order is made, before the motor vehicle is seized under this Division, without the approval of the relevant court, sell or otherwise dispose of any interest in the motor vehicle that is the subject of the notice. (5) Subsection (4) ceases to apply if— S. 84Y(5)(a) amended by Nos 76/2010 s. 21(2)(a), 68/2017 s. 37. (a) the driver is found not guilty of one or more relevant offences which results in the driver being subject to only one remaining charge for a relevant offence; or S. 84Y(5)(b) amended by No. 76/2010 s. 21(2)(b). (b) the Chief Commissioner of Police does not make the application referred to in the notice within 28 days after the driver is sentenced for the relevant offences in relation to which the notice is served; or S. 84Y(5)(c) amended by Nos 76/2010 s. 21(2)(c), 68/2017 s. 37. (c) the charges for one or more of the relevant offences specified in the notice are withdrawn which results in the driver being subject to only one remaining charge for a relevant offence. S. 84YA inserted by No. 81/2006 s. 38. 84YA Direction not to transfer registration or register motor vehicle S. 84YA(1) amended by No. 49/2019 s. 116(Sch. 1 item 183). (1) Within 7 days after service of a notice under section 84W(1) or 84Y(1), the Chief Commissioner of Police must direct the Secretary— (a) not to transfer the registration of the motor vehicle that is the subject of the notice from the registered operator to another person; or (b) not to register (other than by way of renewal) the motor vehicle that is the subject of the notice, unless the applicant for registration was the most recent registered operator of that motor vehicle— until the Chief Commissioner notifies the Secretary that the direction has ceased in accordance with subsection (3). (2) Subsection (1) applies whether or not an actual application for transfer of registration or registration has been made. S. 84YA(3) amended by No. 49/2019 s. 116(Sch. 1 item 183). (3) The Chief Commissioner of Police must notify the Secretary that the direction not to transfer registration or register under subsection (1) has ceased when any of the following occurs— (a) if a notice is served under section 84W(1)— (i) the driver is found not guilty of the relevant offence for which the application specified in the notice is made and the driver is not found guilty of any other relevant offence arising out of the same single set of circumstances; (ii) the Chief Commissioner of Police does not make the application referred to in the notice within 28 days after the driver is sentenced for a relevant offence; S. 84YA (3)(a)(iii) amended by No. 68/2009 s. 97(Sch. item 106.21). (iii) the charge for the relevant offence specified in the notice is withdrawn and no other charge-sheet is filed charging any other relevant offence arising out of the same single set of circumstances; (b) if a notice is served under section 84Y(1)— (3)(b)(i) amended by Nos 76/2010 s. 22(a), 68/2017 s. 38. (i) the driver is found not guilty of one or more relevant offences which results in the driver being subject to only one remaining charge for a relevant offence; (3)(b)(ii) amended by No. 76/2010 s. 22(b). (ii) the Chief Commissioner of Police does not make the application referred to in the notice within 28 days after the driver is sentenced for the relevant offences in relation to which the notice is served; (3)(b)(iii) amended by Nos 76/2010 s. 22(c), 68/2017 s. 38. (iii) the charges for one or more of the relevant offences specified in the notice are withdrawn which results in the driver being subject to only one remaining charge for a relevant offence; (c) the court hearing the application declines to make an impoundment or immobilisation order or a forfeiture order; (d) the court sets aside an impoundment or immobilisation order or a forfeiture order under section 84ZA; (e) an impoundment or immobilisation order or a forfeiture order is set aside on appeal or, as a result of a conviction for a relevant offence being set aside on appeal, the order ceases to have effect; (f) the period of impoundment or immobilisation specified in an impoundment or immobilisation order ends; S. 84YA(3)(fa) inserted by No. 50/2012 s. 15. (fa) the motor vehicle vests in the Crown under section 84ZQ(4), 84ZQAB(3) or 84ZW(5); S. 84YA(3)(g) amended by No. 37/2014 s. 10(Sch. item 147.42). (g) a forfeiture order becomes effective and a police officer or an authorised person takes possession of the motor vehicle that is the subject of the forfeiture order. Section 84ZB sets out when an order takes effect. S. 84YB (Heading) amended by No. 49/2019 s. 116(Sch. 1 item 184). S. 84YB inserted by No. 81/2006 s. 38. 84YB Secretary not to transfer registration or register motor vehicle S. 84YB(1) amended by No. 49/2019 s. 116(Sch. 1 item 185). (1) If directed by the Chief Commissioner of Police under section 84YA, and until notified by the Chief Commissioner under that section that the direction has ceased, the Secretary must not— (a) transfer the registration of the motor vehicle that is the subject of a notice served under section 84W(1) or 84Y(1) from the registered operator to another person; or (b) register (other than by way of renewal) the motor vehicle that is the subject of a notice served under section 84W(1) or 84Y(1), unless the applicant for registration was the most recent registered operator of that motor vehicle. S. 84YB(2) amended by No. 49/2019 s. 116(Sch. 1 item 185). (2) If the Chief Commissioner of Police gives a direction under section 84YA(1) in respect of a motor vehicle, the Secretary must send to the registered operator of the motor vehicle a notice advising that no transfer of registration will occur in relation to that motor vehicle until the Chief Commissioner gives notification under section 84YA(3). S. 84YC inserted by No. 81/2006 s. 38. 84YC Cessation of direction under this Act does not affect any suspension The cessation of a direction not to transfer the registration of, or register, a motor vehicle under this Division does not affect the suspension of that registration under any other Act or law. S. 84Z inserted by No. 93/2005 s. 4. 84Z Hearing of application S. 84Z(1AA) inserted by No. 76/2010 s. 23(1). ***offender*** means a person believed to have committed the relevant offence in relation to which the motor vehicle is to be impounded, immobilised or forfeited. (1) The relevant court hearing an application for an impoundment or immobilisation order or a forfeiture order— (a) must allow any person served with a notice under section 84W(1) or 84Y(1) to be heard at the hearing of the application and to show cause why an impoundment or immobilisation order or a forfeiture order should not be made; and (b) may allow any other person to be heard if the court is satisfied that an impoundment or immobilisation order or a forfeiture order may substantially affect that person's interests. (2) The court must not make an impoundment or immobilisation order or a forfeiture order if the registered operator of the motor vehicle that was used in the commission of the relevant offence can prove to the court's satisfaction that the relevant offence was committed without the knowledge or consent of the registered operator. S. 84Z(3) amended by Nos 76/2010 s. 23(2), 40/2015 s. 12(1). (3) Subject to subsections (3A), (3AB), (3B) and (3C), the court may decline to make an impoundment or immobilisation order or a forfeiture order if the court is satisfied that such an order would cause exceptional hardship to any person. S. 84Z(3A) inserted by No. 76/2010 s. 23(3), substituted by No. 40/2015 s. 12(2). (3A) The court must not decline to make an impoundment or immobilisation order on the grounds of exceptional hardship caused to the offender if— (a) the offender is disqualified from obtaining a driver licence or learner permit for a period of longer than 3 months; or (b) the offender's driver licence or learner permit is suspended for a period of longer than 3 months. S. 84Z(3AB) inserted by No. 40/2015 s. 12(2). (3AB) The court must not decline to make a forfeiture order on the grounds of exceptional hardship caused to the offender if— (a) the offender is disqualified from obtaining a driver licence or learner permit for any period; or (b) the offender's driver licence or learner permit is suspended for any period. S. 84Z(3B) inserted by No. 76/2010 s. 23(3). (3B) The court must not decline to make an impoundment or immobilisation order or a forfeiture order on the grounds of exceptional hardship relating to the offender's employment unless the offender, or another person appearing before the court, satisfies the court that— (a) driving the impounded or immobilised motor vehicle is essential (not merely convenient) for the offender's employment; and (c) the offender, after making reasonable enquiries, is unable to arrange for another person to drive the offender to his or her place of employment. S. 84Z(3C) inserted by No. 76/2010 s. 23(3). (3C) In determining whether to decline to make an impoundment or immobilisation order or a forfeiture order on the ground of exceptional hardship, the court must have regard to the safety of the public and the public interest in preventing the use of a motor vehicle that the court considers is reasonably likely in all the circumstances to be used for further driving offences. S. 84Z(3D) inserted by No. 76/2010 s. 23(3). (3D) If the court declines to make an impoundment or immobilisation order or a forfeiture order on the ground of exceptional hardship, it may require the applicant (other than the offender) to give an undertaking that the motor vehicle will not be made available to be driven by the offender during a period not exceeding— (a) 3 months if the application is for an impoundment or immobilisation order and— S. 84Z(3D) (a)(i) amended by No. 5/2016 s. 36(Sch. 1 item 44). (i) the offender is disqualified from obtaining a driver licence or learner permit for a period not exceeding 3 months; or S. 84Z(3D) (a)(ii) amended by No. 5/2016 s. 36(Sch. 1 item 44). (ii) the offender's driver licence or learner permit is suspended for a period not exceeding 3 months; or (b) 12 months in any other case. Section 84ZAC provides for the impoundment, immobilisation or forfeiture of the motor vehicle on breach of an undertaking. S. 84Z(3E) inserted by No. 76/2010 s. 23(3). (3E) A person is deemed to be released from an undertaking under subsection (3D) if, on appeal— (a) the driver is found not guilty of the relevant offence in relation to which the motor vehicle was impounded, immobilised or forfeited and is not found guilty of any other relevant offence arising out of the same single set of circumstances; or (b) the conviction for that relevant offence is set aside. (4) If the court makes an impoundment or immobilisation order the Chief Commissioner of Police must notify the driver and the registered operator that if the motor vehicle is not collected or released within two months after the motor vehicle was impounded or immobilised the Chief Commissioner of Police may sell or otherwise dispose of the motor vehicle and any item or thing left in or on the motor vehicle. Note to s. 84Z(4) amended by No. 37/2014 s. 10(Sch. item 147.43). Section 84ZQ provides that the Chief Commissioner of Police must give 14 days notice of any intention to sell or dispose of a motor vehicle or item or thing left in or on the motor vehicle. S. 84ZA inserted by No. 93/2005 s. 4. 84ZA Application for variation of order S. 84ZA(1AA) inserted by No. 76/2010 s. 24(1). ***offender*** means a person believed to have committed the relevant offence in relation to which the motor vehicle was impounded, immobilised or forfeited. (1) A person whose interests are substantially affected by an impoundment or immobilisation order or a forfeiture order may apply to the court that made the order for variation of the order if the applicant can demonstrate— (a) that since the impoundment or immobilisation order or forfeiture order was made the applicant's circumstances have changed; and (b) that the impoundment or immobilisation order or forfeiture order is causing, or will cause, exceptional hardship to the applicant or any other person. (2) An application under subsection (1) to vary an impoundment or immobilisation order may be made at any time while the motor vehicle is impounded or immobilised. S. 84ZA(2A) inserted by No. 76/2010 s. 24(2). (2A) An application under subsection (1) cannot be made on the grounds of exceptional hardship caused to the offender if— (a) either— (2A)(a)(i) amended by No. 5/2016 s. 36(Sch. 1 item 45). (i) the offender is disqualified from obtaining a driver licence or learner permit; or (2A)(a)(ii) amended by No. 5/2016 s. 36(Sch. 1 item 45). (ii) the offender's driver licence or learner permit is suspended; and (b) in the case of an application relating to an impoundment or immobilisation order, the suspension or disqualification is for a period longer than the period of impoundment or immobilisation. S. 84ZA(2B) inserted by No. 76/2010 s. 24(2). (2B) An application under subsection (1) cannot be made on the grounds of exceptional hardship if the impoundment or immobilisation order or forfeiture order was made in accordance with section 84ZAC. (3) An application under subsection (1) to vary a forfeiture order may be made at any time while the motor vehicle is vested in the Crown. S. 84ZA(4) amended by No. 76/2010 s. 24(3). (4) Subject to subsections (5), (6) and (7), the court may make an order varying an impoundment or immobilisation order or a forfeiture order in any way, including— (a) setting aside the impoundment or immobilisation order or forfeiture order; or (b) reducing the amount of time that the motor vehicle is subject to impoundment or immobilisation. S. 84ZA(5) inserted by No. 76/2010 s. 24(4). (5) The court must not make an order under subsection (4) on the grounds of exceptional hardship relating to the offender's employment unless the applicant satisfies the court that— (a) driving the impounded or immobilised motor vehicle is essential (not merely convenient) for the offender's employment; and (c) the offender, after making reasonable enquiries, is unable to arrange for another person to drive the offender to his or her place of employment. S. 84ZA(6) inserted by No. 76/2010 s. 24(4). (6) In determining whether to make an order under subsection (4), the court must have regard to the safety of the public and the public interest in preventing the use of a motor vehicle that the court considers is reasonably likely in all the circumstances to be used for further driving offences. S. 84ZA(7) inserted by No. 76/2010 s. 24(4). (7) If the court makes an order under subsection (4) setting aside the impoundment or immobilisation order or forfeiture order, it may require the applicant (other than the offender) to give an undertaking that the motor vehicle will not be made available to be driven by the offender during a period not exceeding— (a) 3 months if the application is for an impoundment or immobilisation order and— (7)(a)(i) amended by No. 5/2016 s. 36(Sch. 1 item 45). (i) the offender is disqualified from obtaining a driver licence or learner permit for a period not exceeding 3 months; or (7)(a)(ii) amended by No. 5/2016 s. 36(Sch. 1 item 45). (ii) the offender's driver licence or learner permit is suspended for a period not exceeding 3 months; or (b) 12 months in any other case. Section 84ZAC provides for the impoundment, immobilisation or forfeiture of the motor vehicle on breach of the undertaking. S. 84ZA(8) inserted by No. 76/2010 s. 24(4). (8) A person is deemed to be released from an undertaking given under subsection (7) if, on appeal— (a) the driver is found not guilty of the relevant offence in relation to which the motor vehicle was impounded, immobilised or forfeited and is not found guilty of any other relevant offence arising out of the same single set of circumstances; or (b) the conviction for that relevant offence is set aside. S. 84ZAB inserted by No. 76/2010 s. 25. 84ZAB Interest in motor vehicle not to be transferred If a person is bound by an undertaking under section 84Z(3D) or 84ZA(7), the person must not, before the expiry of the period of the undertaking, without the approval of the relevant court, sell or otherwise dispose of any interest in the motor vehicle in relation to which the undertaking was given. S. 84ZAC inserted by No. 76/2010 s. 25. 84ZAC Breach of undertaking ***relevant motor vehicle*** means the motor vehicle in relation to which an undertaking was given; ***undertaking*** means an undertaking under section 84Z(3D) or 84ZA(7). (a) a person has given an undertaking to a relevant court; and (b) it appears to the court that the person has failed to comply with the undertaking— the court must direct that the person and the registered operator for the relevant motor vehicle (if not the person who has given the undertaking) be served with a notice stating the matters referred to in subsection (3). (3) A notice served under subsection (2) must state that— (a) the relevant court intends to deal with an apparent breach of the undertaking at the specified time on a specified date; and (b) the person who gave the undertaking is required to attend before the relevant court at that time and date; and (c) if the person who gave the undertaking is not the registered operator for the relevant motor vehicle, the registered operator may attend before the relevant court at that time and date. (4) If a notice is served under subsection (2) on a person and he or she fails to attend before the relevant court at the time and date specified, the relevant court may deal with the apparent breach of the undertaking in the absence of the person. (5) If the relevant court is satisfied that a person has failed to comply with an undertaking, the court may— (a) make an impoundment or immobilisation order in accordance with section 84S in relation to the relevant motor vehicle; or (b) make a forfeiture order in accordance with section 84T in relation to the relevant motor vehicle— (6) In considering whether to make an impoundment or immobilisation order or a forfeiture order under subsection (5), the relevant court must not consider whether making that order will cause exceptional hardship to any person. S. 84ZB inserted by No. 93/2005 s. 4. 84ZB When order takes effect (1) An impoundment or immobilisation order or a forfeiture order becomes effective on— S. 84ZB(1)(a) amended by No. 68/2009 s. 97(Sch. item 106.22). (a) the expiration of the appeal period for the conviction of the accused of the relevant offence; or S. 84ZB(1)(b) amended by No. 76/2010 s. 40(2). (b) the expiration of the appeal period for— S. 84ZB (1)(b)(i) substituted by No. 68/2009 s. 97(Sch. item 106.23) (as amended by No. 29/2011 s. 3(Sch. 1 item 25.2)). (i) a sentence under Chapter 6 of the **Criminal Procedure Act 2009**; or S. 84ZB (1)(b)(ii) substituted by No. 68/2009 s. 97(Sch. item 106.23) (as amended by No. 29/2011 s. 3(Sch. 1 item 25.2)). (ii) a sentence under the **Children, Youth and Families Act 2005**— S. 84ZB (1)(b)(iii) repealed by No. 68/2009 s. 97(Sch. item 106.23) (as amended by No. 29/2011 s. 3(Sch. 1 item 25.2)). imposed following that conviction— whichever is the later. (2) If a conviction for a relevant offence is set aside on appeal, an impoundment or immobilisation order or a forfeiture order is of no effect. (3) If a person convicted of a relevant offence applied for leave to appeal against the conviction for the relevant offence or the making of an impoundment or immobilisation order or a forfeiture order after the end of the relevant appeal period and such leave is granted, the appeal operates as a stay of the impoundment or immobilisation order or forfeiture order and any motor vehicle impounded or immobilised or otherwise in the possession of the Crown must be released to the registered operator. (4) If a motor vehicle subject to a forfeiture order is no longer in the possession of the Crown and the conviction for the relevant offence, or the forfeiture order, is set aside on appeal, the Crown must pay to the appellant and any other person with an interest in the motor vehicle an amount commensurate with the value of the appellant's or other person's interest in the motor vehicle. (5) Any amount to be paid under subsection (4) is to be paid out of the proceeds (if any) of the sale of the motor vehicle. (6) A person with an interest in the motor vehicle may make an application to the Magistrates' Court for an order that compensation be paid in accordance with subsection (4) and the Court may make either or both of the following orders— (a) an order that compensation be paid to that person commensurate with the value of the person's interest in the motor vehicle; (b) an order that the costs incurred by the Crown in executing the forfeiture order may be retained by the Crown out of the proceeds of the sale of the motor vehicle. S. 84ZC inserted by No. 93/2005 s. 4, amended by No. 76/2010 s. 26, substituted by No. 50/2012 s. 16. 84ZC Powers of police and authorised officers to enforce orders (1) When acting under an impoundment or immobilisation order or a forfeiture order made under this Division— S. 84ZC(1)(a) amended by No. 37/2014 s. 10(Sch. item 147.44). (a) a police officer has, and may exercise, the same powers to search for and seize the motor vehicle and other powers as are specified under sections 84G(1) and (3), 84GA, 84GB and 84I; and (b) an authorised person has, and may exercise, the same powers to search for and seize the motor vehicle and other powers as are specified under sections 84G(1), (3)(b) and (3)(d) and 84I. (2) For the purposes of subsection (1), the exercise of a power that is the same as a power under section 84G(1) is not subject to the time limits applied by section 84G(2). S. 84ZD inserted by No. 93/2005 s. 4, amended by No. 50/2012 s. 17 (ILA s. 39B(1)). 84ZD Liability for costs of impoundment or immobilisation (1) If a court makes an impoundment or immobilisation order, the motor vehicle must not be released from impoundment or immobilisation until the designated costs are paid by the person seeking to collect or release the motor vehicle. S. 84ZD(2) inserted by No. 50/2012 s. 17. (2) Despite subsection (1), a motor vehicle may be released from immobilisation without the payment of the designated costs if the Chief Commissioner of Police has accepted a signed undertaking given by the registered operator of the motor vehicle in accordance with subsection (3). S. 84ZD(3) inserted by No. 50/2012 s. 17. (3) For the purposes of subsection (2), the undertaking must provide that, in return for the release of the motor vehicle without payment of the designated costs, the registered operator undertakes by the date specified by the Chief Commissioner of Police— S. 84ZD(3)(a) amended by No. 49/2019 s. 116(Sch. 1 item 186). (a) to remove the registration plates of the motor vehicle and return them to the Secretary; and (b) to have the motor vehicle destroyed by a recycler approved by the Chief Commissioner; and (c) to give to the Chief Commissioner a certificate issued by the recycler confirming the destruction of the motor vehicle. S. 84ZD(4) inserted by No. 50/2012 s. 17. (4) If the registered operator complies with the undertaking, the Chief Commissioner of Police must waive the designated costs. S. 84ZD(5) inserted by No. 50/2012 s. 17. (5) If the registered operator fails to comply with the undertaking— (a) the amount of the designated costs becomes a debt due to the Crown recoverable in a court of competent jurisdiction; and S. 84ZD(5)(b) amended by No. 37/2014 s. 10(Sch. item 147.44). (b) the motor vehicle may be seized by a police officer and immobilised or impounded until— (i) the designated costs (including any further costs associated with the subsequent immobilisation or impoundment under this paragraph) are paid; or (ii) the vehicle is sold or disposed of under Division 5. S. 84ZE inserted by No. 93/2005 s. 4. 84ZE Rights of owners If a person is not the registered operator of a motor vehicle, but can prove ownership of the motor vehicle to a court exercising powers under this Part, that person may make any application or exercise any right that a registered operator may make or exercise under this Part. S. 84ZF inserted by No. 93/2005 s. 4. 84ZF Third party protection from forfeiture order (1) A person, other than the driver, who did not appear at the hearing of an application for a forfeiture order and has an interest in the motor vehicle subject to a forfeiture order may apply to the court that made the forfeiture order for an order that— (a) if ownership of the motor vehicle is vested in the Crown— (i) ownership of the motor vehicle be transferred to the applicant, if the applicant had, immediately before the forfeiture order was made, full ownership of the motor vehicle; or S. 84ZF (1)(a)(ii) amended by No. 76/2010 s. 40(3). (ii) where the applicant had part ownership of the motor vehicle, the motor vehicle be sold and the Crown pay to the applicant and any other owner of the motor vehicle an amount commensurate with the value of each owner's interest in the motor vehicle; or (b) if the motor vehicle has been sold or otherwise disposed of, the Crown pay to the applicant an amount commensurate with the value of the applicant's interest in the motor vehicle. (2) Leave of the court that made the forfeiture order is required to bring an application if— (a) the person was served with a notice of the application for a forfeiture order under section 84W(1) or 84Y(1); or (b) six months or more have elapsed since the date the forfeiture order was made. (3) The court may only grant leave under subsection (2)(b) if it is satisfied that the delay in making the application was not due to the applicant's neglect. (4) On an application the court may make an order— (a) declaring the nature, extent and, if necessary for the order, the value (at the time the declaration is made) of the applicant's interest in the motor vehicle; and (b) directing the Crown— (i) if the motor vehicle is vested in the Crown and the applicant has full ownership of the motor vehicle, to transfer ownership of the motor vehicle to the applicant; or (ii) if the motor vehicle is no longer vested in the Crown, or if the applicant does not have full ownership of the motor vehicle, to pay to the applicant the value of the applicant's interest in the motor vehicle. (5) The court may only make an order under subsection (4) if it is satisfied that— (a) the applicant would have, apart from the forfeiture order, a relevant interest in the motor vehicle; and (b) the relevant offence occurred without the knowledge or consent of the applicant. (6) Any amount to be paid under this section is to be paid out of the proceeds (if any) of the sale of the motor vehicle. Division 4—Search and seizure warrants S. 84ZG inserted by No. 93/2005 s. 4. 84ZG Application for search and seizure warrant S. 84ZG(1) amended by No. 37/2014 s. 10(Sch. item 147.44). (1) A police officer may apply to a magistrate for a search and seizure warrant to be issued under this Division in respect of a motor vehicle if— S. 84ZG(1)(a) amended by No. 37/2014 s. 10(Sch. item 147.44). (a) the motor vehicle is subject to an impoundment or immobilisation order and has not been surrendered to a police officer; or S. 84ZG(1)(b) amended by No. 37/2014 s. 10(Sch. item 147.44). (b) the motor vehicle is subject to a forfeiture order and has not been surrendered to a police officer; or S. 84ZG(1)(c) amended by No. 37/2014 s. 10(Sch. item 147.44). (c) a police officer under section 84F believes on reasonable grounds that the motor vehicle has been used in the commission of a relevant offence and the application is made within 48 hours after the alleged commission of the relevant offence; or S. 84ZG(1)(d) amended by Nos 50/2012 s. 18(a), 37/2014 s. 10(Sch. item 147.44). (d) a police officer is empowered under section 84H(4) to seize the motor vehicle; or S. 84ZG(1)(e) inserted by No. 50/2012 s. 18(b), amended by No. 37/2014 s. 10(Sch. item 147.44). (e) a police officer is empowered under section 84PB(4)(a) to seize the motor vehicle. (2) An application under this section may only be made if the applicant believes on reasonable grounds that the motor vehicle is, or may be within the next 72 hours, in or on specified premises. (3) An application for a search and seizure warrant must be made in writing. (4) A magistrate must not issue a search and seizure warrant unless— (a) the application for the warrant sets out the grounds on which the warrant is sought; and (b) the applicant has given the magistrate, either orally or in writing, any further information that the magistrate requires concerning the grounds on which the warrant is sought; and (c) the information given by the applicant is verified before the magistrate on oath or affirmation or by affidavit. S. 84ZH inserted by No. 93/2005 s. 4. 84ZH Search and seizure warrant (1) A magistrate to whom an application is made under section 84ZG, if satisfied that there are reasonable grounds for believing the matters set out in the application, may issue a search and seizure warrant to the person or persons named in the warrant to enter the specified premises and search for and seize the specified motor vehicle. (2) A search and seizure warrant issued under subsection (1) may authorise the person or persons named in the warrant to— S. 84ZH(2)(aa) inserted by No. 76/2010 s. 27, amended by No. 25/2025 s. 18(3). (aa) direct a person to provide information concerning the location of the motor vehicle specified in the warrant in accordance with section 84GB; and (a) enter the premises specified in the warrant; and (b) search for the motor vehicle specified in the warrant; and (c) use reasonable force to break into or open any structure on the premises specified in the warrant that may store the motor vehicle specified in the warrant; and (d) seize and impound or immobilise the motor vehicle specified in the warrant, using any or all of the powers specified in sections 84G(3) and 84I. (3) A search and seizure warrant must— (a) state the purpose for which the warrant is issued; and (b) give a description of the motor vehicle authorised for seizure; and (c) give the address or other description of the premises in respect of which the warrant is issued. (4) Every search and seizure warrant issued under this section must be in the prescribed form. S. 84ZI inserted by No. 93/2005 s. 4. 84ZI Record of proceedings for search and seizure warrant (1) A magistrate who issues a search and seizure warrant must cause a record to be made of all relevant particulars of the grounds he or she has relied on to justify the issue of the warrant. (2) The magistrate may decline to record any matter that might disclose the identity of a person if the magistrate believes on reasonable grounds that to do so might jeopardise the safety of any person. S. 84ZJ inserted by No. 93/2005 s. 4. 84ZJ Announcement before entry On executing a search and seizure warrant, the person executing the warrant must— (a) announce that he or she is authorised by the warrant to enter the premises; and (b) give any person at the premises an opportunity to allow entry to the premises before force is used to enter the premises. S. 84ZK inserted by No. 93/2005 s. 4. 84ZK Copy of search and seizure warrant to be given to occupier A person executing a search and seizure warrant must— (a) if the occupier is present at the premises where the warrant is being executed, identify himself or herself to the occupier and give the occupier a copy of the warrant; or (b) if the occupier is not present at the premises where the warrant is being executed, identify himself or herself to any other person at the premises and give that person a copy of the warrant. S. 84ZL inserted by No. 93/2005 s. 4. 84ZL Use of assistants to execute search and seizure warrant A person executing a search and seizure warrant may do so with the aid of any assistants that the person considers reasonably necessary to achieve the purpose for which the warrant was issued. S. 84ZM inserted by No. 93/2005 s. 4. 84ZM Application of Magistrates' Court Act 1989 Except to the extent that a contrary intention appears in this Division, the rules to be observed with respect to search warrants mentioned in the **Magistrates' Court Act 1989** extend and apply to search and seizure warrants under this Division. S. 84ZN inserted by No. 93/2005 s. 4. 84ZN Expiry of search and seizure warrant (1) A search and seizure warrant ceases to have effect if it is recalled and cancelled by the magistrate who issued it. (2) If subsection (1) does not apply, a search and seizure warrant ceases to have effect— (a) at the end of the period of one month after its issue; or (b) when it is executed— whichever occurs first. S. 84ZO inserted by No. 93/2005 s. 4. 84ZO Report on execution of search and seizure warrant (1) The person to whom a search and seizure warrant is issued must give a report to the registrar of the Magistrates' Court— (a) stating whether or not the warrant was executed; and (b) if the warrant was executed, setting out briefly the result of the execution of the warrant; and (c) if the warrant was not executed, setting out briefly the reasons why the warrant was not executed; and (d) stating whether or not a copy of the warrant was given to the occupier or another person at the premises. (2) A report must be— (a) in the prescribed form; and (b) made within 10 days after the expiry of the warrant. (3) A person may apply to the Magistrates' Court for an order authorising the person to inspect the report given under subsection (1) if the person satisfies the Court that the person is— (a) the owner or occupier of premises on which the warrant was executed; or (b) a person who has an interest in the motor vehicle seized in the execution of the warrant. S. 84ZP inserted by No. 93/2005 s. 4. 84ZP Obstruction or hindrance of person executing search and seizure warrant A person must not, without reasonable excuse, obstruct or hinder a person executing a search and seizure warrant. Division 5—Disposal of motor vehicles Pt 6A Div. 5 Subdiv. 1 (Heading) inserted by No. 28/2009 s. 37. Subdivision 1—Disposal of motor vehicles, items and things S. 84ZQ inserted by No. 93/2005 s. 4. 84ZQ Sale or disposal of uncollected motor vehicles and items (1) Subject to subsection (2), the Chief Commissioner of Police may sell, by public auction or tender, or otherwise dispose of, a motor vehicle and any item or thing left in or on the motor vehicle, if— S. 84ZQ(1)(a) amended by No. 37/2014 s. 10(Sch. item 147.44). (a) a decision is made by a police officer to impound or immobilise a motor vehicle under section 84F or an impoundment or immobilisation order is made against that motor vehicle; and (b) the motor vehicle is not collected or released 2 months or more after the date on which the motor vehicle first became available for collection or release. S. 84ZQ(1A) inserted by No. 76/2010 s. 28(1). (1A) A purchaser of a motor vehicle, item or thing sold in accordance with subsection (1) acquires good title to that vehicle, item or thing. S. 84ZQ(2) substituted by No. 28/2009 s. 38. (2) The Chief Commissioner of Police must not sell or otherwise dispose of a motor vehicle or an item or thing left in or on a motor vehicle under subsection (1) unless— (a) the matters referred to in subsection (3) are satisfied; or (b) a disposal order has been made for the motor vehicle. S. 84ZQ(3) inserted by No. 28/2009 s. 38. (3) For the purposes of subsection (2)(a), the matters that must be satisfied before the Chief Commissioner may sell or otherwise dispose of the motor vehicle or item or thing are— S. 84ZQ(3)(a) amended by No. 41/2020 s. 45. (a) all proceedings in relation to the relevant offence that led to the impoundment or immobilisation of the motor vehicle (other than any proceedings under Part 10 of the **Fines Reform Act 2014**) have been finalised and any appeal period has expired; and S. 84ZQ(3)(b) substituted by Nos 76/2010 s. 28(2), 70/2016 s. 28(1). (b) at least 14 days before the sale or disposal— (i) the Chief Commissioner has given notice in accordance with section 84ZQA; or (ii) if the motor vehicle is a miniaturised motor cycle and the Chief Commissioner of Police is unable to establish the identity of the owner of the motor vehicle—a picture of the miniaturised motor cycle has been posted in accordance with section 84K(3); and S. 84ZQ(3)(c) repealed by No. 76/2010 s. 28(3). (d) if the Chief Commissioner intends to sell or otherwise dispose of an item or thing left in or on the motor vehicle, all reasonable efforts have been made to return the item or thing to its owner. S. 84ZQ(4) inserted by No. 76/2010 s. 28(4), substituted by No. 70/2016 s. 28(2). (4) Subject to subsection (5), if— (a) notice is given under section 84ZQA of an intention to sell or otherwise dispose of a motor vehicle and any uncollected item or thing left in or on it; or (b) in the case of a motor vehicle that is a miniaturised motor cycle, a picture of the motor vehicle is posted in accordance with subsection (3)(b)(ii)— 14 days after the notice is given or the picture is posted (as the case may be), the motor vehicle and any items or things left in or on it vest absolutely in the Crown, free from all other interests, rights, titles or claims in or to ownership or possession. S. 84ZQ(5) inserted by No. 76/2010 s. 28(4), amended by No. 70/2016 s. 28(3). (5) Subsection (4) does not apply to a motor vehicle, item or thing if, within the 14 day period referred to in that subsection, the Chief Commissioner of Police determines that the motor vehicle, item or thing should not be sold or otherwise disposed of. S. 84ZQ(6) inserted by No. 76/2010 s. 28(4). (6) Subsection (4) has effect despite any other Act (other than the Charter of Human Rights and Responsibilities) or law to the contrary. S. 84ZQA inserted by No. 76/2010 s. 29 (as amended by No. 32/2011 s. 5). 84ZQA Notice to be given of intention to sell or dispose (1) The Chief Commissioner of Police must give notice of intention to sell or otherwise dispose of a motor vehicle, and any uncollected item or thing left in or on the motor vehicle, under section 84ZQ by— (a) serving notice of the intention on— (ii) if the driver of the motor vehicle is not the registered operator of the motor vehicle, the registered operator; and (1)(a)(iia) inserted by No. 70/2016 s. 29. (iia) if the motor vehicle is a miniaturised motor cycle and the Chief Commissioner is able to establish the identity of the owner of the motor vehicle, the owner; and (1)(a)(iv) amended by Nos 50/2012 s. 19(1), 49/2019 s. 116(Sch. 1 item 187). (1)(b) repealed by No. 50/2012 s. 19(2). (2) A notice under subsection (1) must state— (a) that the Chief Commissioner of Police intends to sell or otherwise dispose of the motor vehicle, and any uncollected item or thing left in or on the motor vehicle, not less than 14 days after the notice is given; and (b) information that identifies the motor vehicle, including the motor vehicle's registration number (if applicable); and (c) that 14 days after the notice has been given, the motor vehicle and any uncollected item or thing left in or on it will vest absolutely in the Crown, free from all other interests, rights, titles or claims in or to ownership or possession. S. 84ZQA(3) amended by No. 50/2012 s. 19(3). (3) The Chief Commissioner of Police must not give notice under this section unless all proceedings in relation to the relevant offence that led to the impoundment or immobilisation of the relevant motor vehicle have been finalised and any appeal period has expired. S. 84ZQAB inserted by No. 50/2012 s. 20. 84ZQAB Sale or disposal of motor vehicles and items deemed to be abandoned (1) The Chief Commissioner of Police may sell, by public auction or tender, or otherwise dispose of, a motor vehicle and any item left in or on the motor vehicle, if— (1)(a) amended by No. 37/2014 s. 10(Sch. item 147.44). (a) a decision is made by a police officer to impound or immobilise the motor vehicle under section 84F or an impoundment or immobilisation order is made against the motor vehicle; and (b) the motor vehicle is not collected or released after the motor vehicle becomes available for collection or release; and (1)(c) amended by Nos 49/2014 s. 43(1), 70/2016 s. 30(1). (c) the motor vehicle is deemed under subsection (2), (2A) or (2C) to be abandoned. (2) A motor vehicle is deemed to be abandoned if— (a) the Chief Commissioner has given notice in accordance with section 84ZQAC; and (2)(b)(i) amended by No. 41/2020 s. 46(a). (i) 14 days have elapsed since the giving of the notice and none of the events referred to in section 84ZQAC(4)(a) to (f) have occurred; or (ii) the court has made an order under section 84ZQAD that the motor vehicle is abandoned. (2A) inserted by No. 49/2014 s. 43(2). (2A) A motor vehicle is also deemed to be abandoned if— (2A)(a) substituted by No. 70/2016 s. 37(a). (a) its registered operator has served a notice of abandonment of the motor vehicle on— (ii) if the registered operator is not the owner or the sole owner of the motor vehicle—any owner of the motor vehicle; (2A)(b) amended by No. 70/2016 s. 37(b). (b) 7 days have elapsed since the service of the notice or notices. (2B) inserted by No. 49/2014 s. 43(2). (2B) A notice of abandonment under subsection (2A) must be in the form approved by the Chief Commissioner of Police and include information that identifies the motor vehicle, including its registration number (if applicable). (2C) inserted by No. 70/2016 s. 30(2). (2C) A miniaturised motor cycle is deemed to be abandoned if— (a) the Chief Commissioner of Police is unable to establish the identity of the owner of the miniaturised motor cycle; and (b) a picture of the miniaturised motor cycle has been posted in accordance with section 84K(3); and (2C)(c) amended by No. 41/2020 s. 46(b). (c) 14 days have elapsed since the picture of the miniaturised motor cycle was posted and the miniaturised motor cycle has not been collected by the owner. S. 84ZQAB(3) amended by Nos 49/2014 s. 43(1), 70/2016 s. 30(3). (3) If a motor vehicle is deemed to be abandoned under subsection (2), (2A) or (2C), the motor vehicle and any item or thing left in or on it vest absolutely in the Crown free from all other interests, rights, titles or claims in or to ownership or possession. (4) Subsection (3) has effect despite any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**) or law to the contrary. (5) A purchaser of a motor vehicle, item or thing sold in accordance with subsection (1) acquires good title to that vehicle, item or thing. (6) A person with an interest in a motor vehicle sold or disposed of under subsection (1) must be compensated in accordance with subsection (7) if, after the sale or disposal of the motor vehicle— (6)(a) amended by No. 37/2014 s. 10(Sch. item 147.44). (a) in the case where the motor vehicle was impounded or immobilised by a police officer under Division 2— (i) the person accused of the relevant offence in relation to which the vehicle was impounded or immobilised is found not guilty of that offence and is not found guilty of any other relevant offence arising out of the same set of circumstances; or (ii) no charge-sheet charging a relevant offence is filed in relation to the impoundment or immobilisation of the motor vehicle or a charge-sheet is filed but the charge is not proceeded with within 12 months after the motor vehicle was impounded or immobilised; or (b) in any case—a conviction for the relevant offence in relation to which the vehicle was impounded or immobilised is set aside. (7) Compensation paid to a person under subsection (6) must— (a) be based on the market valuation of the motor vehicle obtained by the Chief Commissioner of Police; and (b) be proportionate to the person's interest in the motor vehicle; and (c) have deducted any money already paid to the person under section 84ZQD(1)(c) and (d) in respect of the motor vehicle. S. 84ZQAC inserted by No. 50/2012 s. 20. 84ZQAC Notice to be given of intention to deem motor vehicle abandoned S. 84ZQAC(1) amended by No. 49/2014 s. 43(3). (1) The Chief Commissioner of Police must give notice of intention to deem a motor vehicle to be abandoned under section 84ZQAB(2) and then to sell or otherwise dispose of the motor vehicle and any uncollected item or thing left in or on the motor vehicle by serving a notice that complies with subsections (3) and (4) on— (a) the driver of the motor vehicle; and (b) if the driver of the motor vehicle is not the registered operator of the motor vehicle—the registered operator; and (1)(ba) inserted by No. 70/2016 s. 31. (ba) if the motor vehicle is a miniaturised motor cycle and the Chief Commissioner is able to establish the identity of the owner of the motor vehicle—the owner; and (1)(c) amended by No. 5/2016 s. 32(a). (c) any person who the Chief Commissioner is aware has an interest in the motor vehicle. (1)(d) repealed by No. 5/2016 s. 32(b). (2) If the registered operator of the motor vehicle is not the owner or sole owner of the motor vehicle, the registered operator must, as soon as is reasonably practicable, take reasonable steps to serve a copy of the notice served under subsection (1) on any owner of the motor vehicle. (3) A notice under subsection (1) must include information that identifies the motor vehicle, including the motor vehicle's registration number (if applicable). S. 84ZQAC(4) amended by No. 41/2020 s. 47. (4) A notice under subsection (1) must state that the motor vehicle will be deemed to be abandoned and that the motor vehicle and any item left in or on the motor vehicle will be sold or disposed of unless, within 14 days after the date of the notice— (a) the designated costs in respect of the impoundment or immobilisation of the motor vehicle are paid and the motor vehicle is collected or released; or (b) the designated costs are not required to be paid because— (i) the motor vehicle is released from impoundment or immobilisation in accordance with section 84N(1)(a) or (b); or (ii) the motor vehicle is released from impoundment or immobilisation in accordance with section 84N(1)(c) and a senior police officer has waived the designated costs under section 84N(3); or (c) a conviction for the relevant offence is set aside; or (d) the court makes an order under section 84O or 84ZA that the motor vehicle be released; or (e) the Chief Commissioner of Police accepts under section 84ZD(2) an undertaking by the registered operator to have the motor vehicle destroyed by a recycler approved by the Chief Commissioner; or (f) a person substantially affected by the proposed sale or disposal of the motor vehicle has applied to the Magistrates' Court under section 84ZQAD for an order declaring that the motor vehicle is not abandoned. (5) Subject to subsection (6), the Chief Commissioner of Police may give notice under subsection (1) if— (a) in the case of a motor vehicle that has been impounded—more than 7 days have elapsed since the motor vehicle became available for collection; or (b) in the case of a motor vehicle that has been immobilised—more than 3 months have elapsed since the motor vehicle became available for release. (6) The Chief Commissioner of Police must not give notice under subsection (1) if the Chief Commissioner is aware that any of the following are yet to be determined— (a) an application under section 84O(1); (b) an application under section 84U(1) for an impoundment or immobilisation order or for a forfeiture order; (c) an application under section 84ZA(1) for variation of an impoundment or immobilisation order or forfeiture order. S. 84ZQAD inserted by No. 50/2012 s. 20. 84ZQAD Application for order that motor vehicle is not abandoned S. 84ZQAD(1) amended by No. 49/2014 s. 43(4). (1) If the Chief Commissioner of Police gives notice under section 84ZQAC(1) of an intention to deem a motor vehicle to be abandoned under section 84ZQAB(2), a person substantially affected by the proposed sale or disposal of the motor vehicle may apply to the Magistrates' Court for an order that the motor vehicle is not abandoned. (2) An application under subsection (1) may be made in conjunction with an application under section 84O(1) or 84ZA(1). (3) The court hearing an application under subsection (1)— (a) must not make an order under this section unless satisfied that the applicant has notified the Chief Commissioner of Police of the application; and (b) must allow the Chief Commissioner of Police to be heard at the hearing. (4) On application under subsection (1), the court may— (a) make an order that the motor vehicle is not abandoned; or (b) make an order that the motor vehicle is abandoned. (5) The court may make an order that the motor vehicle is not abandoned only if satisfied that— (a) the applicant has not, in fact, abandoned the motor vehicle; and S. 84ZQAD (5)(b) amended by No. 41/2020 s. 48. (b) the applicant has a genuine intention to collect or arrange for the release of the motor vehicle within 2 months of the vehicle first becoming available for collection or release. (6) An order by the court that a motor vehicle is not abandoned does not prevent the Chief Commissioner of Police from— (a) applying under section 84ZV for a disposal order; or (b) selling or disposing of the motor vehicle in accordance with section 84ZQ. S. 84ZQB inserted by No. 32/2011 s. 15. 84ZQB Application to register financing statement after giving notice of intention to sell etc. S. 84ZQB(1) amended by No. 50/2012 s. 21(1). (1) As soon as practicable after giving notice under section 84ZQA(1) or 84ZQAC(1) of an intention to sell or otherwise dispose of a motor vehicle, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle. S. 84ZQB(2) repealed by No. 68/2017 s. 39. S. 84ZQC inserted by No. 32/2011 s. 15. 84ZQC Application to register financing statement if motor vehicle vests in Crown S. 84ZQC(1) amended by No. 50/2012 s. 21(2). (1) Within 7 days after a motor vehicle vests in the Crown under section 84ZQ(4) or 84ZQAB(3), the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires), in respect of the motor vehicle. S. 84ZQC(2) amended by No. 49/2019 s. 116(Sch. 1 item 188). (2) The Secretary may apply to register a financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police. S. 84ZQD inserted by No. 50/2012 s. 22. 84ZQD Application of proceeds of sale (1) Where a motor vehicle or item or thing is sold under section 84ZQ or 84ZQAB the proceeds of sale are to be applied in the following order of priority— (a) to pay the costs of the sale; (c) to discharge any security interest over the motor vehicle, such as a bank loan or a lease arrangement, that existed immediately before the motor vehicle vested in the Crown; (d) to pay the registered operator of the motor vehicle or, if the registered operator cannot be reasonably located, for payment into the Consolidated Fund. (2) Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to an interest arising out of the operation of this Division. Pt 6A Div. 5 Subdiv. 2 (Heading) inserted by No. 28/2009 s. 39. Subdivision 2—Disposal of motor vehicles, items or things if forfeiture order has taken effect S. 84ZR inserted by No. 93/2005 s. 4. 84ZR Sale or disposal of motor vehicle subject to forfeiture order (1) The Chief Commissioner of Police may sell, by public auction or tender, or otherwise dispose of a motor vehicle that is the subject of a forfeiture order, and any uncollected item or thing left in or on the motor vehicle, once the forfeiture order takes effect in accordance with section 84ZB(1). S. 84ZR(1A) inserted by No. 76/2010 s. 30(1). (1A) A purchaser of a motor vehicle, item or thing sold in accordance with subsection (1) acquires good title to that vehicle, item or thing. (2) The Chief Commissioner of Police must not sell or dispose of an item or thing left in or on a motor vehicle that is the subject of a forfeiture order unless all reasonable efforts have been made to return the item or thing to its owner. S. 84ZR(3) inserted by No. 76/2010 s. 30(2). (3) The Chief Commissioner of Police must not sell or otherwise dispose of a motor vehicle that is the subject of a forfeiture order unless 14 days have elapsed since notice was given under section 84ZRA. S. 84ZRA inserted by No. 76/2010 s. 31. 84ZRA Notice to be given of intention to sell or dispose (1) The Chief Commissioner of Police must give notice of intention to sell or otherwise dispose of a motor vehicle that is the subject of a forfeiture order, and any uncollected item or thing left in or on the motor vehicle, by— (a) serving notice of the intention on— (ii) if the driver of the motor vehicle is not the registered operator of the motor vehicle, the registered operator; and S. 84ZRA (1)(a)(iv) amended by Nos 50/2012 s. 23(1), 49/2019 s. 116(Sch. 1 item 189). S. 84ZRA(1)(b) repealed by No. 50/2012 s. 23(2). (2) A notice under subsection (1) must state— (a) that the Chief Commissioner of Police intends to sell or otherwise dispose of the motor vehicle, and any uncollected item or thing left in or on the motor vehicle, no earlier than 14 days after the notice is served; and (b) information that identifies the motor vehicle, including the motor vehicle's registration number (if applicable). S. 84ZRB inserted by No. 50/2012 s. 24. 84ZRB Application to register financing statement after giving notice of intention to sell motor vehicle subject to forfeiture order (1) As soon as practicable after giving notice under section 84ZRA(1) of an intention to sell or otherwise dispose of a motor vehicle that is the subject of a forfeiture order, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle. S. 84ZRB(2) amended by No. 49/2019 s. 116(Sch. 1 item 190). (2) The Secretary may apply to register a financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police. S. 84ZS inserted by No. 93/2005 s. 4, amended by No. 74/2010 s. 36(1) (ILA s. 39B(1)). 84ZS Application of proceeds of sale S. 84ZS(1) amended by No. 50/2012 s. 25. (1) Where a motor vehicle or item or thing is sold under section 84ZR the proceeds of sale are to be applied in the following order of priority— (a) to pay the costs of the sale; S. 84ZS(c) amended by No. 76/2010 s. 32 (as amended by No. 32/2011 s. 6). (c) to discharge any security interest over the motor vehicle, such as a bank loan or a lease arrangement, that existed immediately before the motor vehicle vested in the Crown or the forfeiture order took effect (as the case requires); (d) to pay the registered operator of the motor vehicle if the motor vehicle was uncollected, or if the registered operator cannot be reasonably located, for payment into the Consolidated Fund; (e) for payment into the Consolidated Fund if the motor vehicle was the subject of a forfeiture order. S. 84ZS(2) inserted by No. 74/2010 s. 36(1). (2) Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to an interest arising out of the operation of this Division. Pt 6A Div. 5 Subdiv. 3 (Heading and ss 84ZT–84ZX) inserted by No. 28/2009 s. 40. Subdivision 3—Disposal of motor vehicles, items or things subject to disposal order S. 84ZT inserted by No. 28/2009 s. 40. 84ZT Disposal of motor vehicle, item or thing subject to disposal order (1) The Chief Commissioner of Police may sell, by public auction or tender, or otherwise dispose of, a motor vehicle that is the subject of a disposal order and any item or thing left in or on the motor vehicle. S. 84ZT(1A) inserted by No. 76/2010 s. 33. (1A) A purchaser of a motor vehicle, item or thing sold in accordance with subsection (1) acquires good title to that vehicle, item or thing. (2) The Chief Commissioner must not sell or dispose of an item or thing left in or on a motor vehicle that is the subject of a disposal order unless all reasonable efforts have been made to return the item or thing to its owner. S. 84ZU inserted by No. 28/2009 s. 40. 84ZU Notice to be given of intention to apply for disposal order (1) The Chief Commissioner of Police may give notice of an application for a disposal order for a motor vehicle if— S. 84ZU(1)(a) amended by No. 37/2014 s. 10(Sch. item 147.44). (a) a decision is made by a police officer to impound or immobilise the motor vehicle under section 84F or an impoundment or immobilisation order is made against the vehicle; and S. 84ZU(1)(b) amended by No. 76/2010 s. 40(4). (b) the relevant court adjourns proceedings in relation to a relevant offence, other than to a fixed date, because the accused fails to appear; and S. 84ZU(1)(c) amended by No. 76/2010 s. 40(4). (c) a warrant is issued for the arrest of the accused; and (d) the motor vehicle has not been collected, and the designated costs are not paid, within 2 months after the day the proceedings are adjourned. (2) At least 28 days before making an application under subsection (1) the Chief Commissioner of Police must— (a) serve notice of the intention to make the application on— (ii) if the driver of the motor vehicle is not the registered operator of the motor vehicle, the registered operator; and S. 84ZU (2)(a)(iv) amended by Nos 50/2012 s. 26(1), 49/2019 s. 116(Sch. 1 item 191). S. 84ZU (2)(b) repealed by No. 50/2012 s. 26(2). (3) A notice under subsection (2) must state— (a) that the Chief Commissioner intends to apply for an order to dispose of the motor vehicle unless the motor vehicle is collected, and the designated costs paid, within 28 days of the date the notice is served; and (b) information that identifies the motor vehicle, including the motor vehicle's registration number (if applicable); and S. 84ZU(3)(ba) inserted by No. 76/2010 s. 34. (ba) that on the making of the disposal order, the motor vehicle, and all items or things left in or on the motor vehicle, will vest absolutely in the Crown, free from all other interests, rights, titles or claims in or to ownership or possession; and (c) that a person named in the notice may appear before the relevant court at the hearing of the application and show cause why the order should not be made; and (d) any person on whom the notice is served must not sell or otherwise dispose of the person's interest in the motor vehicle without the approval of the relevant court. S. 84ZUA inserted by No. 32/2011 s. 16. 84ZUA Application to register financing statement after giving notice of application for disposal order (1) As soon as practicable after giving notice under section 84ZU(1) of an intention to make application for a disposal order for a motor vehicle, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle. S. 84ZUA(2) amended by No. 49/2019 s. 116(Sch. 1 item 192). (2) The Secretary may apply to register a financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police. S. 84ZV inserted by No. 28/2009 s. 40. 84ZV Application for disposal order The Chief Commissioner of Police may apply to the court for an order to dispose of a motor vehicle if— (a) the Chief Commissioner has served notice in respect of the motor vehicle in accordance with section 84ZU(2)(a); and (b) within 28 days after the date the notice is served, the motor vehicle is not collected or the designated costs have not been paid. S. 84ZW inserted by No. 28/2009 s. 40. 84ZW Hearing of application for and making of disposal order (1) The relevant court hearing an application for a disposal order— (a) must allow a person served with a notice under section 84ZU to be heard at the hearing of the application and to show cause why the disposal order should not be made; and (b) may allow any other person to be heard if the court is satisfied the disposal order may substantially affect the person's interests. (2) After hearing the application, the court may— (a) make the disposal order; or (b) decline to make the disposal order if the court is satisfied the order would cause exceptional hardship to a person. S. 84ZW(3) substituted by No. 76/2010 s. 36. (3) The court must not decline to make a disposal order on the grounds of exceptional hardship relating to the accused if— S. 84ZW(3)(a) amended by No. 5/2016 s. 36(Sch. 1 item 46). (a) the accused is disqualified from obtaining a driver licence or learner permit; or S. 84ZW(3)(b) amended by No. 5/2016 s. 36(Sch. 1 item 46). (b) the driver licence or learner permit held by the accused is suspended. S. 84ZW(4) inserted by No. 76/2010 s. 36. (4) The court must not decline to make a disposal order on the grounds of exceptional hardship relating to the employment of the accused unless the accused, or another person appearing before the court, satisfies the court that— (a) driving the impounded or immobilised vehicle is essential (not merely convenient) for the employment of the accused; and (b) no other transport to his or her place of employment is available to the accused; and (c) the accused, after making reasonable enquiries, is unable to arrange for another person to drive the accused to his or her place of employment. S. 84ZW(5) inserted by No. 76/2010 s. 36. (5) If the court makes the disposal order, the motor vehicle vests absolutely in the Crown, free from all other interests, rights, titles or claims in or to ownership or possession. S. 84ZW(6) inserted by No. 76/2010 s. 36. (6) Subsection (5) has effect despite any other Act (other than the Charter of Human Rights and Responsibilities) or law to the contrary. S. 84ZWA inserted by No. 32/2011 s. 17. 84ZWA Application to register financing statement after making of disposal order (1) Within 7 days after the making of a disposal order under section 84ZW, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle that is the subject of the order. S. 84ZWA(2) amended by No. 49/2019 s. 116(Sch. 1 item 193). (2) The Secretary may apply to register a financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police. S. 84ZX inserted by No. 28/2009 s. 40. 84ZX Application of proceeds of sale (1) If a motor vehicle, item or thing is sold under a disposal order, the proceeds of the sale are to be applied in the following order of priority— (a) to pay the costs of the disposal; S. 84ZX(1)(c) amended by No. 76/2010 s. 38. (c) to discharge any security interest over the motor vehicle, including a bank loan or lease arrangement, that existed immediately before the disposal order was made. (2) Any sum remaining after the proceeds of the sale are applied in accordance with subsection (1) is taken to be unclaimed money under the **Unclaimed Money Act 2008** as if it were a sum of money legally payable to the person who was the owner of the vehicle immediately before the disposal order was made and as if the sum has remained unpaid for more than 12 months. S. 84ZX(3) inserted by No. 74/2010 s. 36(2). (3) Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to an interest arising out of the operation of this Subdivision. Pt 6A Div. 6 (Heading and s. 84ZY) inserted by No. 32/2011 s. 18. Division 6—Inspection of impounded, immobilised or forfeited motor vehicles S. 84ZY inserted by No. 32/2011 s. 18. 84ZY Power to inspect motor vehicles S. 84ZY(1) amended by No. 37/2014 s. 10(Sch. item 147.45(a)). (1) A police officer or a person referred to in section 13(6) may inspect at any reasonable time a motor vehicle that has been impounded, immobilised or forfeited under this Part if the police officer or person believes on reasonable grounds that the motor vehicle does not comply with this Act or the regulations. S. 84ZY(2) amended by No. 37/2014 s. 10(Sch. item 147.45(b)). (2) An inspection may include any tests which the inspecting police officer or person considers appropriate. S. 84ZY(3) amended by No. 37/2014 s. 10(Sch. item 147.45(c)). (3) If, on inspecting a motor vehicle, a police officer or a person referred to in section 13(6) discovers that the motor vehicle does not comply with this Act or the regulations, the police officer or person may take any action under section 14. Pt 6B (Headings and ss 85–85W) inserted by No. 6/2020 s. 7.