Div 2or 4; or

Division 2 or 4; or (b) the person's body contains a prohibited drug. (3) If a person is required under this section to give a sample of blood, a police officer must make arrangements for the person to be taken to a hospital or health centre for a sample of the person's blood to be taken. (4) If the person is to be taken to a health centre, the police officer making the arrangements must ensure there is a medical practitioner, a registered nurse or a qualified person at the health centre who is available and willing to take the sample. 29AAH Offence of failing to provide blood sample (1) A person who is required to give a sample of blood for this Part must not fail to: (a) comply with an arrangement for taking the person to a hospital or health centre for the taking of a sample of the person's blood; or (b) give, in accordance with the directions of the person taking the blood sample, a sample of blood sufficient for analysis. Traffic Act 1987 44 (ca) failing to submit to a saliva test; Traffic Act 1987 45 (ba) failing to submit to a saliva test; (fa) failing to submit to a saliva test. Traffic Act 1987 46 (7) It is a defence to a prosecution for a relevant offence if the defendant satisfies the court: (a) it would have been detrimental to the defendant's medical condition to have given the sample of blood at the time the person was required to do so; or (b) the defendant had other reasonable grounds for failing to give the sample. (8) It is not reasonable grounds for failing to give a blood sample that the defendant had consumed alcohol or another substance after the defendant ceased to drive a motor vehicle. 29AAJ Failure to give sample of blood in certain circumstances (1) This section applies if a person is found guilty of an offence against section 29AAH(1) and the court is satisfied that: (a) the person was required to give the blood sample because the person entered a hospital for examination or treatment of injuries; and (b) the person's injuries did not arise from a crash in which the person was driving a motor vehicle. (2) The court must not sentence the person to a term of imprisonment, cancel the person's licence or impose a fine greater than 1 penalty unit. (3) The person's licence is not cancelled by force of the finding of guilt despite section 29AAH(3). (4) The offence is not taken into account as a second or subsequent offence, or for determining whether another offence is a second or subsequent offence, in accordance with section 21(2)(d), 22(2)(d), 24(3)(d), 29AAA(2)(d), 29AAE(2)(d) or 29AAH(2)(d). Traffic Act 1987 47 29AAK Taking of sample of blood (1) A sample of blood may be taken for this Act, from a person taken to a hospital or a health centre under section 29AAG, or from a person who has apparently attained the age of 15 years and who enters a hospital or health centre for examination or treatment of injuries which may have been received in a crash: (a) at a hospital – by a medical practitioner, a registered nurse or a member of the staff of the hospital who is under the direct supervision of a medical practitioner or registered nurse; and (b) at a health centre – by a medical practitioner, a registered nurse or a qualified person. (2) If a person is taken to a hospital under section 29AAG, the person in charge of the hospital must ensure a sample of the person's blood is taken as soon as practicable. (3) The Minister responsible for administering hospitals in the Territory must ensure that, for the purpose of analysis by an authorised analyst, a sample of blood is taken as soon as practicable from each person who has apparently attained the age of 15 years who enters a hospital for examination or treatment of injuries which may have been received in a crash. (4) For subsection (3), a medical practitioner, registered nurse or a member of the staff of a hospital who is under the direct supervision of a medical practitioner or registered nurse may: (a) take a sample of blood from a person who is unconscious or apparently incapable of consenting to the taking of the sample; or (b) require a person to give a sample of blood. (5) However, a member of the staff of a hospital or a health centre is not required to take a sample of the person's blood if the member of staff believes on reasonable grounds that: (a) the concentration of alcohol in the person's blood is already known; or (b) the taking of the sample would be detrimental to the person's medical condition; or (c) the injuries of the person were not received in a motor vehicle accident or the motor vehicle accident happened more than 12 hours before the person entered the hospital or health centre; or Traffic Act 1987 48 (d) a period of more than 4 hours has elapsed since the person entered the hospital or health centre. (6) A blood sample taken under this section is the property of the Commissioner. (7) However, the person who takes the sample may make a portion of the sample available to the person from whom it was taken. (8) No action or proceedings for assault, whether in or outside the Territory, lie against a person who takes a blood sample for this Act. (9) This section does not obligate any person to take a sample of blood at a health centre. 29AAL Right to communicate with medical practitioner (1) A person who is in custody after undergoing a breath analysis, saliva test or giving a sample of blood under this Act may ask to communicate with a medical practitioner for the purpose of requesting the medical practitioner to do any of the following: (a) examine the person; (b) take a sample of the person's blood; (c) arrange for a sample of the person's blood to be taken by another medical practitioner, a registered nurse or a qualified (2) If a request is made under subsection (1), a police officer must make arrangements that are reasonable in the circumstances for the person to communicate with a medical practitioner. 29AALA Application for additional analysis of saliva sample (1) A person from whom a sample of saliva has been taken under this Part may request the authorised analyst to whom or which the sample has been sent to provide a portion of the sample, at the person's own expense, to a medical practitioner or laboratory nominated by the person. (2) A request under subsection (1) must be made within 6 months of the person being served with an infringement notice or a summons for an offence in relation to which the sample was taken. Traffic Act 1987 49 29AAM Licence suspension for up to 24 hours (1) This section applies if, for the purpose of having a sample of blood or saliva taken for analysis to determine if there is a prohibited drug in a person's body, the person is: (a) arrested under section 29AAF(4); or (b) taken to a hospital or health centre under section 29AAG. (1A) Subject to the Regulations, a police officer may, before the person is released from custody or departs the hospital or health centre, give the person a notice under this section. (2) The notice has the following effect: (a) the person's licence is suspended for the period commencing immediately on the person receiving the notice and ending not more than 24 hours later, as specified in the notice; (b) the person is disqualified from driving for the same period. (2A) The notice must: (a) be in a form approved by the Commissioner; and (b) inform the person of the suspension and disqualification. (3) A notice under this section cannot be challenged or reviewed in any court. (4) A police officer who gives a person a notice under this section must provide details of the notice, and the person to whom it was given, to the Registrar without delay. 29AAN Notice of immediate licence suspension and disqualification from driving (1) If a person is charged with an immediate suspension offence, a police officer may give the person a notice under this section. (2) For subsection (1), a person is charged with the offence when given a copy of the charge, signed by a police officer. (3) The notice has the following effect: (a) the person's licence is suspended immediately on the person receiving the notice; Traffic Act 1987 50 (b) the person is immediately disqualified from driving. (3A) The notice must: (a) be in a form approved by the Commissioner; and (b) inform the person of the suspension and disqualification; and (c) include a statement of the person's right to appeal to the Local Court against the suspension and disqualification. (3B) On receiving the notice, the person must surrender to a police officer any licence document the person holds. (3C) The suspension and disqualification continue until the earlier of the (a) any day the notice is revoked; (b) any day the charge of the immediate suspension offence is withdrawn; (c) any day a court: (i) finds the person not guilty of the offence; or (ii) discharges the person without conviction for the offence; or (iii) sentences the person for the offence. (4) A police officer who gives a person a notice under this section must provide details of the notice, and the person to whom it was given, to the Registrar without delay. 29AAP Offences (1) A person who is given a notice under section 29AAN must not, without reasonable excuse, refuse or fail to surrender any licence document held by the person. Maximum penalty: 20 penalty units or imprisonment for Note The onus is on the person to establish there was reasonable excuse for a failure to surrender a licence document. Traffic Act 1987 51 (2) A person who is given a notice under section 29AAN must not, while disqualified from driving, apply for a licence in the Territory or elsewhere. Maximum penalty: 20 penalty units or imprisonment for (3) A person who is given a notice under section 29AAM or 29AAN must not, while the person's licence is suspended, drive a motor vehicle in the Territory or elsewhere. (4) An offence against subsection (3) is an offence of strict liability. 29AAQ Appeal against immediate suspension notice (1) A person given a notice under section 29AAN may appeal to the Local Court against the licence suspension and disqualification from driving as a result of the notice. (2) The appellant: (a) must give 14 days written notice of the appeal to the Registrar and to the Local Court; and (b) must set out particulars of exceptional circumstances the appellant relies upon to justify the setting aside of the notice. (3) In determining the appeal, the Local Court must hear: (a) any evidence tendered by the appellant; and (b) any evidence tendered by or on behalf of the Registrar; and (c) any evidence required by the Court from a medical practitioner. (4) The Court may, by order: (a) uphold the notice; or (b) if satisfied of exceptional circumstances that justify it – set aside the notice. (5) An order under subsection (4) is final and cannot be appealed against or reviewed by the Court or any other court. Traffic Act 1987 52 29AAR Further disqualification for certain drivers (1) This section applies if: (a) a court finds a person guilty of any of the following offences: (i) driving under the influence of alcohol or a drug; (ii) driving with a high range breath or blood alcohol content; (iii) driving with a medium range breath or blood alcohol content; (iv) refusing or failing to provide a sufficient sample of breath for a breath analysis; (v) refusing or failing to provide a sample of blood; and (b) at the time of committing the offence the person was driving: (i) a vehicle with a GVM of 15 t or more; or (ii) a commercial passenger vehicle. (2) The person is disqualified from obtaining a licence to drive a vehicle with a GVM of 15 t or more or a commercial passenger vehicle for a minimum period of 5 years. Note The person's licence to drive a motor vehicle is cancelled, and the person is also disqualified from obtaining a licence to drive any vehicle, for the period specified in the relevant section. 29AAS Automatic licence cancellation and disqualification for certain offences (1) If a court finds a person guilty of a disqualifying offence, the person's licence (if any) is cancelled and person is disqualified from obtaining a licence for: (a) the minimum period specified in relation to the offence, according to whether the offence is a first, second or subsequent offence; or (b) if the court makes an order under subsection (4) that the person be disqualified for a period that is longer than the minimum period – the longer period ordered by the court. Traffic Act 1987 53 (2) For subsection (1), a court which finds a person guilty of a disqualifying offence must specifically find whether the offence is the person's first, second or subsequent offence. (3) The cancellation of the person's licence occurs automatically by operation of this Part and takes effect from the date of the finding of guilt. (3A) The disqualification of the person from obtaining another licence is imposed automatically by operation of this Part and the period of disqualification commences from: (a) the date of the finding of guilt; or (b) if the court makes an order under subsection (7) that the period of disqualification is to commence from a later date – the later date ordered by the court. (4) The court may order that the person be disqualified from obtaining a licence for a period longer than any minimum period specified in this Part, as the court considers fit. (5) The period of disqualification is reduced by any period of licence suspension imposed under section 29AAN in relation to the same (6) The court may make an order under subsection (7) in relation to a period of disqualification imposed on a person on the finding of guilt for a disqualifying offence in either or both of the following circumstances: (a) if the person is found guilty of more than one disqualifying offence; (b) if, at the time the person is found guilty, the person is already disqualified from obtaining a licence for a period that had not yet expired in respect of: (i) a previous disqualifying offence; or (ii) any other previous offence under this Act or another Act. (7) The court may, if the court considers it appropriate, order that a period of disqualification imposed on the person for a disqualifying offence is to: (a) be partly or wholly cumulative on another period of disqualification to which the person is or will be subject; and Traffic Act 1987 54 (b) commence from a date that is subsequent to the date on which the person is found guilty of that disqualifying offence. (8) In this section: disqualifying offence means an offence under this Part for which a minimum period of disqualification from obtaining a licence is specified. 29AAT Use of indicated BrAC or BAC in court proceedings (1) This section applies: (a) in any proceedings in a court; and (b) even if evidence is given that the person consumed alcohol after the time of the alleged commission of the offence (the relevant time) and before the breath analysis was carried out or the sample of blood was taken. (2) If a breath analysis is carried out on a person in accordance with section 29AAC or 29AAD, the BrAC indicated by the analysis is taken to be the BrAC of the person at the relevant time. (3) If more than one breath analysis was carried out, the lower of the BrAC indicated is taken to be the BrAC of the person at the relevant time. (4) If a sample of a person's blood is taken in accordance with section 29AAK: (a) the BAC indicated by analysis of the sample is taken to be the BAC of the person at the relevant time; and (b) any prohibited drug detected in the person's blood is taken to have been present in the person's body at the relevant time. (5) If the person's blood is analysed because the person was taken to a hospital or health centre with injuries that may have been caused in a crash: (a) the BAC indicated by the analysis is taken to be the BAC of the person at the time of the crash; and (b) any prohibited drug detected in the person's blood is taken to have been present in the person's body at the time of the crash. Traffic Act 1987 55 29AAU Evidence by certificate (1) In any proceedings in a court, a certificate in the relevant prescribed form purporting to be signed by: (a) a person authorised by the Commissioner under this Act to use a prescribed breath analysis instrument for this Act; or (aa) a person authorised by the Commissioner under section 27B to use a device for obtaining a sample of saliva for this Act; or (b) a member of the staff of a hospital or health centre; or (c) an authorised analyst or a person employed by an authorised analyst; is prima facie evidence of the matters stated in the certificate and the facts on which they are based. (1A) If evidence is given by a certificate as mentioned in subsection (1), it is not necessary to prove: (a) the signature of the person who signed the certificate; or (b) the person holds the capacity in which the person purported to act in signing the certificate. (2) For subsection (1), the Regulations may prescribe forms of certificate to be used by different persons on different occasions. (3) If the Regulations do not prescribe a form for a specific situation, the Registrar may approve a form for use in that situation. 29AAV If witness to be called In any proceedings in a court, if a party intends to call as a witness a person whose evidence may be received by way of certificate under section 29AAU, that party must: (a) give not less than 14 days notice in writing of that intention to the other party; and (b) call the person in accordance with the procedures of the relevant court to give the person's evidence. 29AAW Breath analysis instrument (1) The Regulations may provide: (a) that a device for the carrying out of a breath analysis is a prescribed breath analysis instrument; and Traffic Act 1987 56 (b) for the proper use of a prescribed breath analysis instrument; for this Act. (2) A court must not receive evidence that a prescribed breath analysis instrument, when it is in good working order and used in accordance with the Regulations relating to its use, does not give a true and correct assessment of the concentration of alcohol in a person's breath. 29AAX Limitation on use of certain evidence The fact that a sample of a person's saliva or blood, when analysed for this Act, indicated the presence of a prohibited drug cannot be used in evidence in any proceedings in a court under the Misuse of Drugs Act 1990. 29AAYA Object of Division The object of this Division is to enable certain persons disqualified from obtaining a licence under this Part to drive an AIL vehicle after the end of a mandatory period of the disqualification. 29AAYB Application of Division This Division applies to a person who is: (a) disqualified from obtaining a licence because of section 21(3)(b)(ii), 22(3)(b)(ii), 24(5)(b)(ii), 25(6A)(a)(ii) or (b)(ii), 29AAA(3A)(b)(ii), 29AAE(3)(b)(ii) or 29AAH(3)(b)(ii); and (b) granted an AIL licence under section 10(4A) of the Motor Vehicles Act 1949. 29AAYC Effect of holding licence Despite any other provisions of this Act, the person may drive an AIL vehicle at a public place or on a public street while the AIL licence has effect. Note In general, the AIL licence has effect for the remains of the AIL period (see section 10(4C) and (4D) of the Motor Vehicles Act 1949). Traffic Act 1987 57 29AAYD Offences (1) While the AIL licence has effect, the person must not drive a motor vehicle at a public place or on a public street if it is not an AIL (2) While the AIL licence has effect, the person must not drive an AIL vehicle at a public place or on a public street if: (a) the AIL fitted to the vehicle is not functioning properly; and (b) the person knows the AIL is not functioning properly. (3) While the AIL licence has effect, the person must not drive an AIL vehicle at a public place or on a public street: (a) if the AIL fitted to the vehicle is disengaged; or (b) in a way that would hamper the proper functioning of the AIL. (4) The person must not contravene a condition of the AIL licence. (5) If a court finds a person guilty of an offence against subsection (1), (2) or (3): (a) the AIL licence is cancelled; and (b) the person is disqualified from obtaining a licence for the rest of the AIL period. (6) An offence against subsection (1), (2) or (3) is an immediate suspension offence. 29AA Object of Part The object of this Part is to discourage hoon driving and related anti-social behaviour. Traffic Act 1987 58 29AB Definitions alleged offence, see section 29AD(1). Consumer Credit Code means Schedule 1 to the National Consumer Credit Protection Act 2009 (Cth). costs, of impounding a motor vehicle as a result of an impounding determination or impounding order, means all the costs related to the following as a result of the determination or order (whether or not the initial period has passed): (a) removing and keeping the vehicle; (b) if the determination or order specifies that the vehicle be immobilised – immobilising, and removing the immobilisation of, the vehicle. forfeiture order, see section 29AI(2). impound, for a motor vehicle and in relation to an impounding determination or impounding order, means 1 or both of the following as specified in the determination or order: (a) keeping the vehicle at a specified place (including, for example, a place under the control of a tow truck operator); (b) immobilising the vehicle by using wheel clamps or other devices. impounding determination, see section 29AD(1). impounding order, see sections 29AH(2) and 29AI(8). initial period means: (a) for an impounding determination – see section 29AD(6); or (b) for an impounding order – see sections 29AH(4) and 29AI(8). offender, see section 29AG. prescribed driving offence means an offence committed by the driver of a motor vehicle against a provision of this Act prescribed by regulation for this definition. registered operator, of a motor vehicle, means the person who is nominated under section 92A of the Motor Vehicles Act 1949 to be the operator of the vehicle. Traffic Act 1987 59 registered owner, of a motor vehicle, means the person who is the owner of the vehicle as defined in section 5(1) of the Motor Vehicles senior police officer means a police officer of the rank of superintendent or above. storage place, for an impounding determination or impounding order relating to a motor vehicle, means the place at which the vehicle is kept because of the impounding determination or impounding order. traffic infringement notice means a traffic infringement notice issued under the regulations. 29AC Traffic infringement notice counted as offence If a traffic infringement notice for a prescribed driving offence has been issued to a person and the notice is not withdrawn, the person is taken to have been found guilty of the offence for this Part. 29AD Power of police officer to impound vehicle (1) A police officer who reasonably believes a motor vehicle was used in committing a prescribed driving offence (the alleged offence) may determine in writing (the impounding determination) that the vehicle be impounded. (2) Without limiting subsection (1), the police officer may form the belief on the basis of a statement made on oath by a complainant in relation to the commission of the alleged offence. (3) The police officer may make the impounding determination only within 14 days of the alleged offence. (4) The police officer must, as far as reasonably practicable after making the impounding determination, give a copy of it to the (a) the person who was the driver of the motor vehicle at the time of the alleged offence; (b) if the vehicle is registered and the driver is not the registered owner or registered operator of the vehicle – the registered owner and registered operator of the vehicle; (c) if the police officer knows the identity of the owner of the vehicle (whether or not the vehicle is registered) – that owner; Traffic Act 1987 60 (d) if the driver was found guilty of 1 or more prescribed driving offences within 2 years immediately before the date of the alleged offence – the Registrar. (5) The impounding determination: (a) must include information about the impounding determination and its effect (including, for example, the storage place and liability for the costs of impounding the vehicle); and (b) may include other information relating to impounding the (6) The impounding determination has effect during the period (the initial period): (a) starting when a police officer takes control of the motor vehicle for the determination; and (b) ending 48 hours later or at an earlier time if the determination is revoked at the earlier time. 29AE Review and revocation of impounding determination (1) As soon as practicable after the police officer has made the impounding determination, the police officer must give a copy of it to a senior police officer to review the determination. (2) The senior police officer must review the impounding determination as soon as practicable and no later than 24 hours after the copy is given to him or her. (3) At any time before an impounding determination ceases to have effect: (a) the police officer or senior police officer must revoke the determination if the police officer or senior police officer is satisfied that, at the time of the alleged offence, the motor vehicle was a rental vehicle, or was stolen or otherwise used without the authority of its owner; or (b) the senior police officer must revoke the determination if the senior police officer is not satisfied the vehicle was used in committing the alleged offence. Traffic Act 1987 61 29AF Related powers of police officer (1) A police officer may, for the purposes of the impounding determination: (a) require a person who was the driver of the motor vehicle at the time of the alleged offence to give to the officer the names and addresses of the registered owner, registered operator or anyone who is otherwise the owner of the vehicle; and (b) by the impounding determination or another written notice – require a person having the control of the vehicle to deliver the vehicle to the officer by a specified time at a specified place; and (c) without a warrant, enter a place where the officer reasonably suspects the vehicle may be found; and (d) without a warrant, search for, seize and remove the vehicle. (2) A police officer's power to seize the motor vehicle under subsection (1)(d) may be exercised only within 14 days after the day on which the impounding determination is made. (3) A police officer may use any reasonable force and assistance in exercising a power under this section. (4) A person required by a police officer to give information as mentioned in subsection (1)(a) must comply with the requirement. (5) A person required by a police officer to deliver the vehicle as mentioned in subsection (1)(b) must comply with the requirement. Maximum penalty: 100 penalty units. (6) It is a defence to a prosecution for an offence against subsection (4) or (5) if the defendant establishes a reasonable excuse. Traffic Act 1987 62 29AG Application of Division This Division applies if, within 2 years after a person (the offender) being found guilty of a prescribed driving offence (the first offence): (a) the offender is found guilty of another prescribed driving offence (the second offence); or (b) the offender is found guilty of 1 or more further prescribed driving offences (each of which is a subsequent offence) after being found guilty of the second offence. 29AH Sentencing for second offence (1) This section applies after a court has found the offender guilty of the second offence. (2) Before the offender is sentenced for the second offence, the Commissioner of Police may apply to the court for an order (an impounding order) to impound the motor vehicle used in committing the offence. (3) However, the Commissioner of Police may not do so if, at the time of the second offence, the motor vehicle was a rental vehicle, or was stolen or otherwise used without the permission of its owner. (4) The court may order the impounding of the motor vehicle for a specified period (the initial period) that is at least 3 months and not more than 6 months if the court is satisfied: (a) each person with an interest in the vehicle had the opportunity to be heard in the proceedings for the application; and (b) impounding the vehicle will not cause severe financial or physical hardship to a person mentioned in paragraph (a) who was heard in the proceedings. (5) The court must not make the impounding order if the court is satisfied: (a) the offender was not the owner of the motor vehicle at the time of the second offence; and (b) the second offence happened without the knowledge and consent of the owner of the vehicle. Traffic Act 1987 63 (6) The impounding order must specify the storage place and may specify other matters relating to impounding the motor vehicle as decided by the court. (7) The impounding order takes effect as specified in the order at the earlier of the following: (a) the expiration of the period for instituting an appeal in relation to the offence or sentence if no appeal is instituted; (b) the end of the proceedings for an appeal by the offender if the appeal is unsuccessful. (8) The impounding order may be made whether or not the motor vehicle was previously impounded under section 29AD because of the second offence. 29AI Sentencing for subsequent offence (1) This section applies after a court finds the offender guilty of a subsequent offence. (2) Before the offender is sentenced for the subsequent offence, the Commissioner of Police may apply to the court for an order (a forfeiture order) to forfeit the motor vehicle used in committing the (3) However, the Commissioner of Police may not do so if, at the time of the subsequent offence, the motor vehicle was a rental vehicle, or was stolen or otherwise used without the permission of its owner. (4) The court may make the forfeiture order only if the court is satisfied: (a) each person with an interest in the motor vehicle had the opportunity to be heard in the proceedings for the application; and (b) forfeiting the vehicle will not cause severe financial or physical hardship to a person mentioned in paragraph (a) who was heard in the proceedings. (5) The court must not make the forfeiture order if the court is satisfied: (a) the offender was not the owner of the motor vehicle at the time of the subsequent offence; and (b) the subsequent offence happened without the knowledge and consent of the owner of the vehicle. Traffic Act 1987 64 (6) The forfeiture order takes effect as specified in the order at the earlier of the following: (a) the expiration of the period for instituting an appeal in relation to the offence or sentence if no appeal is instituted; (b) the end of the proceedings for an appeal by the offender if the appeal is unsuccessful. (7) When the forfeiture order takes effect: (a) the vehicle becomes the property of the Territory; and (b) any rights in the vehicle existing before the forfeiture are extinguished. (8) Instead of making a forfeiture order, the court may make an order (an impounding order) to impound the vehicle for a specified period (the initial period) that is at least 3 months and not more than 6 months, if the court: (a) would, apart from subsection (4)(b), make the forfeiture order; and (b) is satisfied that impounding the vehicle for the initial period will remove or reduce the hardship as mentioned in that subsection. (9) The court may make the impounding order on its own initiative or on the application of the Commissioner of Police, and whether or not the motor vehicle was previously impounded under section 29AD because of the subsequent offence. (10) The impounding order must specify the storage place and may specify other matters relating to impounding the vehicle as the court decides. 29AJ Interested parties for proceedings (1) This section applies if, in relation to an offender, the Commissioner of Police intends to apply for an impounding order or forfeiture order. (2) The Commissioner of Police must, before the offender is sentenced for the offence to which the proposed order relates, give written notice of that intention to the following: (a) the Registrar; Traffic Act 1987 65 (b) if the vehicle is registered – the registered owner and registered operator of the motor vehicle; (c) if the Commissioner knows the identity of the owner of the vehicle (whether or not the vehicle is registered) – that owner; (d) if the Commissioner knows the identity of a person who is the spouse or de facto partner of a person mentioned in paragraph (b) or (c) – that person; (e) for an application for a forfeiture order – anyone whose interest in the vehicle is recorded in the PPS Register. (3) A person notified under subsection (2), or anyone else claiming to have an interest in the motor vehicle, has a right to be heard in the proceedings for the application. 29AK Other related orders (1) The court making an impounding order or forfeiture order may: (a) order the owner of the motor vehicle to which the order relates to deliver the vehicle to a police officer by a specified time at a specified place; or (b) authorise a police officer, without warrant, to: (i) enter a place the officer reasonably suspects the vehicle may be found; and (ii) search for, seize and remove the vehicle. (2) A police officer may use any reasonable force and assistance in exercising a power under the order. 29AL Proceedings for order and other penalty To avoid doubt: (a) the proceedings for the application of an impounding order or forfeiture order in relation to a prescribed driving offence are part of the proceedings for sentencing the offender in relation to the offence; and (b) the making of an impounding order or forfeiture order is in addition to, and does not limit the court's power to impose, any other penalty for the offence. Traffic Act 1987 66 29AM Application to Local Court after making of forfeiture order (1) This section applies to a person if: (a) the person had an interest in a motor vehicle before it was forfeited under a forfeiture order; and (b) the person: (i) was not notified of the application for that order under section 29AJ and did not appear as a party in the proceedings for that application; or (ii) is allowed by the Local Court to make an application for an order under this section; and (c) the vehicle: (i) is still vested in the Territory; or (ii) has been sold under section 29AS and part of the proceeds has been paid to the Central Holding Authority (the CHA amount). (2) The person (the applicant) may, within 60 days after the forfeiture of the motor vehicle, apply to the Local Court for an order: (a) declaring the nature, extent and value of the interest; and (b) directing the Territory: (i) if the vehicle is still vested in the Territory – to transfer it to the applicant; or (ii) otherwise – to pay to the applicant an amount worked out under subsection (3). (3) The amount must be: (a) equal to the value of the interest if that value is less than so much of the CHA amount as is reduced by any amount already paid under this section to another person who also had an interest in the vehicle (the reduced CHA amount); or (b) otherwise – equal to the reduced CHA amount. (4) The Local Court may allow the application to be made more than 60 days after the forfeiture of the vehicle if it is satisfied the delay in making the application was not caused by the applicant's neglect. Traffic Act 1987 67 (5) The applicant must notify the Commissioner of Police of the application at least 3 days before the Local Court hears the application. (6) The Commissioner of Police: (a) is a party to the proceedings for the application; and (b) if the vehicle is vested in the Territory – must not dispose of the vehicle after being notified of the application and before the end of the proceedings. (7) The Local Court must grant the application by making an order it considers appropriate if it is satisfied: (a) the applicant would, apart from the forfeiture order, have a genuine interest in the vehicle; and (b) if the vehicle was forfeited under a forfeiture order – the prescribed driving offence to which the order relates happened without the knowledge and consent of the applicant. 29AN Registrar's obligations (1) The Registrar must, on request of a police officer, give the officer all information held by the Registrar about a motor vehicle to which any of the following relates: (a) an impounding determination, impounding order or forfeiture order; (b) an application that has been made for an impounding order or forfeiture order. (2) In addition, the Registrar must not cancel or change the registration of the motor vehicle during the following periods: (a) if the Registrar is given a copy of the impounding determination under section 29AD(4) for the vehicle – the period of 28 days starting from the date of the notice; (b) if the Commissioner of Police has made an application for an impounding order or forfeiture order for the vehicle – the period starting on the day the Registrar is given a notice under section 29AJ(2) in relation to the application and ending on the day the application is decided by a court. Traffic Act 1987 68 (3) This section does not prevent the Registrar from: (a) renewing the registration of the motor vehicle without changing the registration of the ownership of the vehicle; or (b) changing the registration of the motor vehicle because it is repossessed or sold by a credit provider as mentioned in section 29AO. 29AO Rights of credit provider An impounding determination or impounding order for a motor vehicle does not affect the rights of a credit provider to repossess and sell the vehicle under the Consumer Credit Code. 29AP What happens at end of initial period (1) The owner of a motor vehicle to which an impounding determination or impounding order relates is entitled to collect the vehicle at the end of the initial period on payment of the costs of impounding the (2) The Commissioner of Police must notify the following about any change of the arrangement for impounding the vehicle after the initial period: (a) the person who was the driver of the vehicle at the time of the alleged offence; (b) if the vehicle is registered and that driver is not the registered owner or registered operator of the vehicle – the registered owner and registered operator; (c) if the Commissioner knows the identity of the owner of the vehicle (whether or not the vehicle is registered) – that owner. 29AQ Costs of impounding (1) The driver of a motor vehicle (the driver) at the time of the alleged offence or offence to which an impounding determination or impounding order relates is liable to pay the costs of impounding the vehicle as a result of the determination or order. Traffic Act 1987 69 (2) However, a person is entitled to be reimbursed the amount of those costs that is attributable to the initial period and the 2 days immediately following the initial period (the initial costs) if: (a) the person incurs the initial costs when the owner of the vehicle collects the vehicle after the initial period; and (b) for a vehicle impounded under an impounding determination – any of the following applies: (i) the determination is revoked; (ii) the driver is found not guilty of the alleged offence; (iii) the driver is not charged with, or issued with a traffic infringement notice or summons for, the alleged offence within 6 months after the determination is made; and (c) for a vehicle impounded under an impounding order – the order is overturned on an appeal against the decision to make the order. (3) The Territory is responsible for the initial costs if subsection (2) applies. (4) If the Territory incurs an amount of costs of impounding the vehicle (other than the initial costs for which the Territory is responsible under subsection (3)), the amount is a debt due to the Territory by the driver. (5) Despite subsections (3) and (4), the regulations may provide for the release of the vehicle to a person on payment of an amount by the (6) This section does not prevent the owner of the vehicle to recover from the driver an amount of the costs of impounding the vehicle paid by the owner under section 29AP(1). 29AR Disposal of impounded vehicles (1) This section applies if the owner of a motor vehicle to which an impounding determination or impounding order relates does not collect the vehicle: (a) for an impounding determination – within 28 days after a copy of the impounding determination is given to a person under section 29AD(4); or (b) for an impounding order – within 28 days after the order expires. Traffic Act 1987 70 (2) The Commissioner of Police may dispose of the vehicle in any way the Commissioner considers appropriate (including, for example, sale or destruction) if: (a) all proceedings for the alleged offence or offence to which the determination or order relates have ended, the period for appeal has expired and, for an impounding order, the order is not overturned; and (b) at least 28 days before the proposed disposal of the vehicle – the Commissioner has notified each of the following of the proposed disposal: (i) the person who was the driver of the vehicle at the time of the alleged offence or offence; (ii) if the vehicle is registered and that driver is not the registered owner or registered operator of the vehicle – the registered owner and registered operator; (iii) if the Commissioner knows the identity of the owner of the vehicle (whether or not the vehicle is registered) – that owner; (iv) anyone else whom the Commissioner knows to have an interest in the vehicle; and (c) at least 28 days before the proposed disposal – the Commissioner has, by Gazette notice, publicised the proposed disposal; and (d) at least 28 days before the proposed disposal – the Commissioner has notified the Registrar about the proposed disposal; and (e) the Commissioner has obtained a written search result of the PPS Register in the appropriate form in relation to the vehicle under the PPS Act. (3) The Commissioner of Police is required to notify a person mentioned in subsection (2)(b) only to the extent to which it is reasonably practicable to do so. (4) The owner of the vehicle is entitled to collect the vehicle at anytime before the proposed disposal on payment of the costs of impounding the vehicle as mentioned in section 29AQ. (5) If the motor vehicle is disposed of by sale to a person, the purchaser holds title to the vehicle free of any interest existing in it before the disposal. Traffic Act 1987 71 (6) If the Commissioner of Police sells the vehicle under this section, the proceeds of the sale must be paid as follows: (a) first – in payment of the expenses of the sale; (b) second – in payment of the costs incurred by the Territory for any impounding determination or impounding order for the vehicle; (c) third – in payment of the costs incurred by the Territory for giving notice to a person about the proposed disposal; (d) fourth – in payment of the amount owing to the holder of a security interest in the vehicle that is registered in the PPS Register; (e) fifth – to the owner of the vehicle. (7) If, after making reasonable attempts to locate the owner, the Commissioner has not done so, the amount payable to the owner under subsection (6) must be paid to the Central Holding Authority. 29AS Disposal of forfeited vehicles (1) The Commissioner of Police may dispose of a motor vehicle forfeited under a forfeiture order in any way the Commissioner considers appropriate (including, for example, sale or destruction). (2) If the Commissioner of Police sells the vehicle under this section, the proceeds of the sale must be paid as follows: (a) first – in payment of the expenses of the sale; (b) second – in payment of the costs incurred by the Territory for removing and keeping the vehicle for the forfeiture order; (c) third – in payment of the costs incurred by the Territory for any impounding determination or impounding order for the vehicle; (d) fourth – in payment of the amount owing to the holder of a security interest in the vehicle that is registered in the PPS Register; (e) fifth – to the Central Holding Authority. Traffic Act 1987 72 29AT Impounding determination, impounding order and forfeiture order (1) A person must not enter into a transaction relating to a motor vehicle, or remove anything fitted or attached to the vehicle, within 28 days after an impounding determination has been made for the vehicle if: (a) the driver of the vehicle at the time of the alleged offence to which the determination relates was found guilty of 1 or more prescribed driving offences within 2 years immediately before that time; and (b) the person knows that: (i) the driver has been found guilty of 1 or more of the offences within the 2 years; and (ii) an impounding determination has been made for the Maximum penalty: 200 penalty units or imprisonment not exceeding 1 year. (2) A person must not enter into a transaction relating to a motor vehicle, or remove anything fitted or attached to the vehicle, if: (a) a driver of the vehicle has been charged with, or issued with a summons for, a prescribed driving offence (the relevant offence); and (b) the driver was found guilty of a single prescribed driving offence during the 2 years immediately before being charged with the relevant offence; and (c) the person knows about the matters mentioned in paragraphs (a) and (b); and (d) the person has been notified under section 29AJ(2) of the intention of the Commissioner of Police to apply for an impounding order for the relevant offence. Maximum penalty: 200 penalty units or imprisonment not exceeding 1 year. (3) Subsections (1) and (2) do not apply to any transaction entered into by a credit provider who repossesses or sells the vehicle as mentioned in section 29AO. Traffic Act 1987 73 (4) A person must not enter into a transaction relating to a motor vehicle, or unlawfully remove anything fitted or attached to the vehicle, if: (a) a driver of the vehicle is charged with, or issued with a summons for, a prescribed driving offence (the relevant offence); and (b) the driver was found guilty of 2 or more prescribed driving offences during the 2 years immediately before being charged with the relevant offence; and (c) the person knows about the matters mentioned in paragraphs (a) and (b); and (d) the person has been notified under section 29AJ(2) of the intention of the Commissioner of Police to apply for a forfeiture order for the relevant offence. Maximum penalty: 400 penalty units or imprisonment not exceeding 2 years. (5) If a motor vehicle is impounded under an impounding determination or impounding order, a person must not: (a) unlawfully remove the vehicle or anything fitted or attached to the vehicle from the storage place where the vehicle is kept; or (b) interfere with the vehicle while it is kept at the storage place; or (c) remove or tamper with any device used to immobilise the vehicle while it is kept at the storage place. Maximum penalty: 100 penalty units. (6) Subsection (5) does not apply to any of the following: (a) a credit provider repossessing or selling the vehicle as mentioned in section 29AO; (b) a person maintaining the vehicle (including, for example, periodically starting the engine of the vehicle); (c) a person removing personal possessions (other than a thing that is fitted or attached to the vehicle) from the vehicle. Traffic Act 1987 74 (7) In this section: transaction, relating to a vehicle, includes but is not limited to: (a) a sale of all or part of the vehicle; and (b) the creation of a mortgage or charge in relation to the vehicle. 29AU Excessive noise from vehicle (1) If a police officer reasonably believes excessive noise is generated by or from a motor vehicle that is at a public place or on a public street, the officer may direct a person having control of the vehicle to reduce or stop the noise. (2) A person given the direction must comply with it. (3) It is a defence to a prosecution for an offence against subsection (2) if the defendant establishes a reasonable excuse. 29AV Disclosure of information (1) This section applies to a motor vehicle if: (a) an impounding determination has been made for the vehicle; or (b) an application for an impounding order or forfeiture order for the vehicle has been made and is pending; or (c) an impounding order or forfeiture order is in force for the (2) A police officer may give any information held by the officer about the vehicle to another person (including, for example, a tow truck operator) for the purposes of this Part. (3) A person who obtains the information because of subsection (2) (whether directly or indirectly) must not disclose the information to anyone except as authorised under, or for the purposes of, this Part. Maximum penalty: 200 penalty units or imprisonment for 1 year. Traffic Act 1987 75 29AX Review of Part The Chief Executive Officer is to conduct a review of the first 7 years of the operation of this Part after the commencement of this section.