239AExtension of additional sanction to corporation owned motor vehicles

#### 239A Extension of additional sanction to corporation owned motor vehicles 239A Extension of additional sanction to corporation owned motor vehicles > > (1) A police officer may exercise an authorised power in relation to a motor vehicle if the police officer reasonably believes— > > > > > (a) the registered operator of the motor vehicle is a corporation, and > > > > > (b) a circumstance set out in subsection (2), (3) or (4) is made out. > > > (2) The motor vehicle was operated on a road to commit a sanctionable offence— > > > > > (a) on that day, or > > > > > (b) during the past 10 days. > > > (3) The motor vehicle is being operated on a road— > > > > > (a) by a person who is disqualified from holding or obtaining a driver licence, and > > > > > (b) to commit an offence, not being a camera recorded offence, of driving a vehicle at a speed more than 30 kilometres per hour over the designated speed limit applying to the driver for the length of road at the time the offence is committed. > > > (4) The motor vehicle is being operated on a road by a person— > > > > > (a) who is disqualified from holding or obtaining a driver licence or who has never been licensed, and > > > > > (b) who has been convicted of an offence against section 53(3) or 54(1) on 2 or more previous occasions within the past 5-year period. > > > (5) The police officer is to notify Transport for NSW of the exercise of the authorised power. > > > (6) Transport for NSW is, as soon as is practicable, to notify the registered operator of the motor vehicle of the exercise of the authorised power. > > > (7) For the purposes of this Part— > > > > > (a) the exercise of the authorised power of seizure and impoundment is taken to be the exercise of the power under section 239(1)(a), and > > > > > (b) the exercise of the authorised power of confiscation of number-plates is taken to be the exercise of the power under section 239(1)(c), and > > > > > (c) sections 240, 243 and 245–247 do not apply in relation to the exercise of an authorised power under this section, and > > > > > (d) to avoid doubt, section 248(1)(b) and (2)(b) do not apply to a motor vehicle impounded or number-plates confiscated under this section, and > > > > > (e) section 249(3) is taken to include the following paragraph after paragraph (b)— > > > > > > > > (c) for the exercise of an authorised power under section 239A—alleged extreme hardship to a person other than the driver of the motor vehicle who committed, or is alleged to have committed, the offence that led to the exercise of the power. > > > (8) In this section— > > > > authorised power means— > > > > > (a) to seize and take charge of a motor vehicle and cause it to be moved to a place determined by the Commissioner of Police, or > > > > > (b) to remove and confiscate the number-plates affixed to a motor vehicle and attach a number-plate confiscation notice to the motor vehicle. > > **s 239A:** Ins 2020 No 33, Sch 1\[34\].