10EKeeping of certain vehicles seized or surrendered

10E Keeping of certain vehicles seized or surrendered (1) This section applies if a motor vehicle is seized under section 10C (1) (a) (Powers of police officers to seize and impound vehicles used in committing certain offences) by a police officer because the police officer believes the vehicle has been used by a person in committing an offence. (2) This section also applies if a motor vehicle is surrendered under section 10BA (Powers of police officers to issue surrender notices for motor vehicles) in the circumstances mentioned in section 10BA (1).

(3) The chief police officer must keep the motor vehicle under this section until the earlier of the following happens: (a) the person is dealt with by a court for the offence; (b) an infringement notice is served on the person for the offence; (c) if a prosecution for the offence is not started within 28 days after the seizure—the end of the 28-day period; (d) if the person has not been convicted, or found guilty, of a relevant offence within the 5-year period before the day the vehicle is seized—the end of the 3-month period after the day the vehicle is seized. (4) However, subsection (3) does not apply if the vehicle is sooner released under— (a) section 10G (Certain vehicles seized or surrendered—release by chief police officer); or (b) section 10H (Certain vehicles seized or surrendered—release by Magistrates Court). (5) If the person is convicted, or found guilty of, the offence, the chief police officer must keep the vehicle as required under section 10F. (6) In this section: relevant offence means an offence against— or (d) section 7 (Furious, reckless or dangerous driving) that is an aggravated offence; 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