10 Surrender and forfeiture of traffic offence evasion articles
(1) This section applies if a police officer or authorised person suspects
on reasonable grounds that a person—
(a) is selling, is offering for sale, has sold or has bought a traffic
offence evasion article in contravention of section 9 (1); or
(b) is driving or has parked a vehicle on a road or road related area
with a traffic offence evasion article fitted to, applied to, or
carried in the vehicle in contravention of section 9 (2).
(2) If subsection (1) (b) applies in relation to a police officer, the officer
may—
(a) stop and detain the vehicle; and
(b) search the vehicle for the traffic offence evasion article; and
(c) seize the article if the officer finds it in or on the vehicle.
(3) In exercising a power under subsection (2) in relation to a vehicle, a
police officer—
(a) may use the assistance that is necessary; and
(b) must search the vehicle in a public place or somewhere else to
which members of the public have ready access; and
(c) must not detain the vehicle for longer than is necessary and
reasonable to search it; and
Traffic offence evasion articles Division 2.2
(d) may use the force that is necessary and reasonable in the
circumstances, but must not damage the vehicle by forcing open
a part of the vehicle unless—
(i) someone apparently in charge of the vehicle has been given
a reasonable opportunity to open that part; or
(ii) it is not possible to give anyone apparently in charge of the
vehicle a reasonable opportunity to open that part.
(4) If subsection (1) applies in relation to a police officer or authorised
person, the police officer or authorised person may—
(a) require the person mentioned in subsection (1) to surrender the
traffic offence evasion article to the police officer or authorised
person; or
(b) if the article is fitted to a vehicle and is not immediately
removable—by written notice served on the responsible person
for the vehicle, require the responsible person for the vehicle to
surrender the article to the chief police officer within a stated
time and in a stated way.
(5) Subsection (4) does not limit the powers of a police officer under
subsection (3).
(6) A person must not, without reasonable excuse, contravene a
requirement under subsection (4), whether or not the person is the
owner of the traffic offence evasion article.
(7) If—
(a) a court finds an offence against section 9 or subsection (6)
proven against someone; and
(b) the traffic offence evasion article has not already been
surrendered under this section;
the court may order the person to surrender the article to the chief
police officer within a stated time and in a stated way.
(8) A traffic offence evasion article surrendered under this section is
forfeited to the Territory and may be destroyed or otherwise disposed
of as directed by the chief police officer or road transport authority.
(9) If a person who is not the absolute owner of a traffic offence evasion
article surrenders the article under this section, no liability attaches to
the person because of the surrender.
Division 2.3 Seizure, impounding and forfeiture of
vehicles for certain offences
10AAA Application—div 2.3
This division does not apply to a motor vehicle that is a light rail
vehicle.
10AA Meaning of first offender and repeat offender—div 2.3
(1) A person who is convicted or found guilty of an impounding offence
is a first offender in relation to the offence if the person is not a repeat
offender in relation to the offence.
(2) A person who is convicted or found guilty of an impounding offence
(the relevant offence) is a repeat offender in relation to the offence
if—
(a) the person has been convicted or found guilty of an impounding
offence committed at any time before the relevant offence was
committed (whether or not the person has been convicted or
found guilty of the impounding offence when the person
committed the relevant offence); or
(b) the person is convicted or found guilty of 1 or more impounding
offences concurrently with being convicted of the relevant
offence, and 1 or more of the impounding offences were
committed before the relevant offence.
Note Found guilty, of an offence, includes having the offence taken into
account under the Crimes (Sentencing) Act 2005, s 57 (Outstanding
additional offences taken into account in sentencing) (see Legislation
Act, dict, pt 1).
impounding offence means an offence against—
or
(d) section 7 (Furious, reckless or dangerous driving); or
(e) section 8 (Menacing driving); or
(f) the Road Transport (Road Rules) Regulation 2017, section 20
(Obeying speed limit), if the person exceeded the speed limit
10A Impounding of vehicles used for menacing driving on
court order before conviction etc
(1) If a police officer believes on reasonable grounds that a person has
committed an offence against section 8 (Menacing driving), the
police officer may apply to the Magistrates Court for an order that the
motor vehicle used by the person to commit the offence be
impounded.
(2) The application may be made whether or not the person has been
charged with the offence.
Note Subsection (10) provides that this section does not apply if a court
convicts or finds a person guilty of an offence against s 8. In that case,
the court would deal with the person under s 10B.
(3) If the court is satisfied on the balance of probabilities that the person
committed the offence, the court must order the motor vehicle is to
be impounded for 3 months, unless the court otherwise orders under
subsection (4).
(4) The court may, by order, specify a shorter period of impounding or
dispense with the period of impounding to avoid excessive hardship
or other injustice to anyone.
(5) In deciding whether to make an order under subsection (4), the
court—
(a) must have regard to the circumstances of the offence, including
the risk to the safety of road users; and
(b) may seek evidence from a police officer about the circumstances
of the offence.
(6) Subsection (5) does not limit, by implication, the matters to which the
court may have regard or prevent the person from presenting evidence
about the circumstances of the offence.
(7) Any period for which the motor vehicle was impounded under section
10BA (Powers of police officers to issue surrender notices for motor
vehicles) or section 10C (Powers of police officers to seize and
impound vehicles used in committing certain offences) counts
towards a period of impounding of the motor vehicle under this
section.
(8) If the court makes an order under this section and the motor vehicle
has not already been impounded under section 10BA or section 10C,
the court may order the responsible person for the vehicle to surrender
the motor vehicle to the chief police officer within a stated time and
in a stated way.
(9) The court may also make an order authorising any police officer to
seize the vehicle from any place if the order under subsection (8) is
not complied with.
(10) This section does not apply if a court convicts the person, or finds the
person guilty, of an offence against section 8 (Menacing driving).
10B Impounding or forfeiture of vehicles on conviction etc for
(1) This section applies if a court convicts a person, or finds a person
guilty, of an impounding offence.
(2) The motor vehicle used by the person in committing the offence is—
(a) for a first offender—to be impounded for 3 months, unless the
court otherwise orders under subsection (3); or
(b) for a repeat offender—forfeited to the Territory, unless the court
otherwise orders under subsection (3).
(3) The court may, by order, specify a shorter period of impounding,
dispense with the period of impounding or commute a forfeiture to a
period of impounding to avoid excessive hardship or other injustice
to anyone.
(4) In deciding whether to make an order under subsection (3), the
court—
(a) must have regard to the circumstances of the offence, including
the risk to the safety of road users; and
(b) may seek evidence from the prosecution about the
circumstances of the offence.
(5) Subsection (4) does not limit, by implication, the matters to which the
court may have regard or prevent the defendant from presenting
evidence about the circumstances of the offence.
(6) Any period for which the motor vehicle was impounded under
section 10A (Impounding of vehicles used for menacing driving on
court order before conviction etc), section 10BA (Powers of police
officers to issue surrender notices for motor vehicles) or section 10C
(Powers of police officers to seize and impound vehicles used in
committing certain offences) counts towards a period of impounding
of the motor vehicle under this section.
(7) A court may order the responsible person for a motor vehicle to
surrender the vehicle to the chief police officer within a stated time
and in a stated way if—
(a) the court convicts a person, or finds a person guilty, of an
impounding offence; and
(b) the vehicle—
(i) was used in committing the offence; and
(ii) is subject to impounding or forfeiture under this section;
and
(iii) has not already been impounded under section 10A,
section 10BA or section 10C.
(8) The court may also make an order authorising any police officer to
seize the vehicle from any place if the order under subsection (7) is
not complied with.
(9) The impounding or forfeiture of a motor vehicle under this section is
in addition to any other penalty imposed for the offence.
(10) For any rights of appeal against penalty, the impounding or forfeiture
of a motor vehicle under this section is, or is part of, the penalty
imposed for the offence.
(11) In this section:
impounding offence—see section 10AA (3).
10BA Powers of police officers to issue surrender notices for
motor vehicles
(1) This section applies to a motor vehicle if a police officer believes on
reasonable grounds that the vehicle is being or has been used by a
person in committing an offence against—
or
(d) section 7 (Furious, reckless or dangerous driving) that is an
aggravated offence.
(2) This section also applies to a motor vehicle if a police officer believes
on reasonable grounds that—
(a) the vehicle is being, or has been used, by a person in committing
an offence against the Road Transport (Road Rules)
Regulation 2017, section 20 (Obeying speed limit); and
(b) the person, in committing the offence, exceeded the speed limit
(3) A police officer may, by notice (a surrender notice), require the
responsible person for the vehicle to surrender the vehicle for
impounding at the place and by the date stated in the notice.
Note A police officer may seize a motor vehicle under s 10C without giving
the responsible person for the vehicle a surrender notice.
(4) However, the police officer may only give a person a surrender notice
within 10 days after the day of the commission of the offence
mentioned in subsection (1).
(5) The notice must state—
(a) the details of the alleged offence; and
(b) the service number of the police officer giving the notice; and
(c) a reasonable date and time by which the motor vehicle must be
surrendered; and
(d) that it is an offence to fail to comply with a surrender notice; and
(e) that a police officer may seize the vehicle under section 10C if
the person fails to comply with the notice; and
(f) anything else prescribed by regulation.
(6) The responsible person for a motor vehicle commits an offence if the
person—
(a) is given a surrender notice for the vehicle; and
(b) fails to comply with the notice.
(7) An offence against subsection (6) is a strict liability offence.
(8) Subsection (6) does not apply if the person has a reasonable excuse
for failing to comply with the notice.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (8) (see Criminal Code, s 58).
(9) If a person fails to comply with a surrender notice, a police officer
may seize the vehicle under section 10C.