QLDIn ForceRegulation
South Bank Corporation By-law 2014
sec.9Sale of unrecovered vehicles
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### sec.9 Sale of unrecovered vehicles
This section applies if the owner of a seized vehicle—
is given a notice under section 8 ; and
does not recover the vehicle within 2 months after the notice is given.
The corporation may sell the vehicle by public auction after publishing a notice of the auction in a newspaper circulating generally in the State.
The notice must—
identify the vehicle; and
state the vehicle is to be sold by auction; and
state how the owner may recover the vehicle before the auction; and
state the time and place of the auction.
The proceeds of sale must be applied in the following order—
in payment of the reasonable expenses of the sale;
in payment of the reasonable cost of seizing, removing and holding the vehicle;
in payment of any balance to the owner.
The corporation must retain the balance of the proceeds for 1 year after the sale.
If the owner, within 1 year after the sale, asks the corporation to pay the balance of the proceeds to the owner, the corporation must pay to the owner—
the balance of the proceeds; and
interest on the balance of the proceeds, at the rate of 5% a year, from the day of sale to the day the owner is paid the balance of the proceeds.
If the owner has not, within 1 year after the sale, asked the corporation to pay the balance of the proceeds to the owner, the corporation must pay the balance of the proceeds into the consolidated fund.
(sec.9-ssec.1) This section applies if the owner of a seized vehicle— is given a notice under section 8 ; and does not recover the vehicle within 2 months after the notice is given.
(sec.9-ssec.2) The corporation may sell the vehicle by public auction after publishing a notice of the auction in a newspaper circulating generally in the State.
(sec.9-ssec.3) The notice must— identify the vehicle; and state the vehicle is to be sold by auction; and state how the owner may recover the vehicle before the auction; and state the time and place of the auction.
(sec.9-ssec.4) The proceeds of sale must be applied in the following order— in payment of the reasonable expenses of the sale; in payment of the reasonable cost of seizing, removing and holding the vehicle; in payment of any balance to the owner.
(sec.9-ssec.5) The corporation must retain the balance of the proceeds for 1 year after the sale.
(sec.9-ssec.6) If the owner, within 1 year after the sale, asks the corporation to pay the balance of the proceeds to the owner, the corporation must pay to the owner— the balance of the proceeds; and interest on the balance of the proceeds, at the rate of 5% a year, from the day of sale to the day the owner is paid the balance of the proceeds.
(sec.9-ssec.7) If the owner has not, within 1 year after the sale, asked the corporation to pay the balance of the proceeds to the owner, the corporation must pay the balance of the proceeds into the consolidated fund.
- (a) is given a notice under section 8 ; and
- (b) does not recover the vehicle within 2 months after the notice is given.
- (a) identify the vehicle; and
- (b) state the vehicle is to be sold by auction; and
- (c) state how the owner may recover the vehicle before the auction; and
- (d) state the time and place of the auction.
- (a) in payment of the reasonable expenses of the sale;
- (b) in payment of the reasonable cost of seizing, removing and holding the vehicle;
- (c) in payment of any balance to the owner.
- (a) the balance of the proceeds; and
- (b) interest on the balance of the proceeds, at the rate of 5% a year, from the day of sale to the day the owner is paid the balance of the proceeds.