sec.46ASeizing certain vehicles for sale

### sec.46A Seizing certain vehicles for sale This section applies if— an authorised officer reasonably believes a vehicle is for sale on a place that is not— the premises of a person licensed to conduct the business of a motor dealer under the Motor Dealers and Chattel Auctioneers Act 2014 ; or a private dwelling or its curtilage; and a document specified under a regulation for the vehicle is— not displayed on the vehicle in the way required under the regulation; or if a document is displayed on the vehicle as required under the regulation and the authorised officer has inspected the vehicle under section 34 —in the reasonable opinion of the officer, false or misleading in a material particular; and the authorised officer reasonably believes an offence that may be constituted by anything mentioned in paragraph (b) involving the vehicle has been committed; and the authorised officer, after making reasonable inquiries— can not find the person (the seller ) selling the vehicle, whether as owner or otherwise; or if the seller is found, reasonably believes a name or address given by the seller is false; and while making the inquiries, the authorised officer warned any person to whom the officer has made an inquiry about the vehicle that it may be seized if the authorised officer— can not find the seller; or reasonably believes the things mentioned in paragraph (d) (ii) . The authorised officer may seize the vehicle and move it from the place where it was seized. A person may reclaim the vehicle by— satisfying an authorised officer the person claiming the vehicle is the owner; and paying the reasonable costs of seizing, moving and storing the vehicle and the seizure notice under subsection (4) . The chief executive must, as soon as possible after a vehicle is seized under this section, give notice (a seizure notice ) of its seizure in a newspaper circulating in the locality where the vehicle was seized. The seizure notice must state the following— a description of the vehicle and any registration number displayed on it; where and when it was seized; a statement to the effect of subsection (3) . If the vehicle is not reclaimed within 1 month after the seizure notice is published, the chief executive may sell the vehicle by public auction. The proceeds of the sale of the vehicle must be applied in the following order— in payment of the expenses of the sale; in payment of the costs of seizing, moving and storing the vehicle and the seizure notice; if there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; in payment of the balance to the owner, or if the owner can not be found, into the consolidated fund. A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (7) (a) or (b) . An authorised officer is taken to have made reasonable inquiries to find a person mentioned in subsection (1) (d) if the officer has not been able to find the person after making reasonable inquiries— at an address indicated on or near the vehicle not more than 10km from the vehicle; or by making a telephone call to a phone number displayed on or near the vehicle. Sections 42 and 45 apply to a vehicle seized under this section with all necessary changes. In this section— secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 . s 46A ins 1997 No. 66 s 119 amd 2000 No. 62 s 601 sch 2 ; 2010 No. 44 s 225 ; 2014 No. 20 s 238 sch 3 pt 2 (sec.46A-ssec.1) This section applies if— an authorised officer reasonably believes a vehicle is for sale on a place that is not— the premises of a person licensed to conduct the business of a motor dealer under the Motor Dealers and Chattel Auctioneers Act 2014 ; or a private dwelling or its curtilage; and a document specified under a regulation for the vehicle is— not displayed on the vehicle in the way required under the regulation; or if a document is displayed on the vehicle as required under the regulation and the authorised officer has inspected the vehicle under section 34 —in the reasonable opinion of the officer, false or misleading in a material particular; and the authorised officer reasonably believes an offence that may be constituted by anything mentioned in paragraph (b) involving the vehicle has been committed; and the authorised officer, after making reasonable inquiries— can not find the person (the seller ) selling the vehicle, whether as owner or otherwise; or if the seller is found, reasonably believes a name or address given by the seller is false; and while making the inquiries, the authorised officer warned any person to whom the officer has made an inquiry about the vehicle that it may be seized if the authorised officer— can not find the seller; or reasonably believes the things mentioned in paragraph (d) (ii) . (sec.46A-ssec.2) The authorised officer may seize the vehicle and move it from the place where it was seized. (sec.46A-ssec.3) A person may reclaim the vehicle by— satisfying an authorised officer the person claiming the vehicle is the owner; and paying the reasonable costs of seizing, moving and storing the vehicle and the seizure notice under subsection (4) . (sec.46A-ssec.4) The chief executive must, as soon as possible after a vehicle is seized under this section, give notice (a seizure notice ) of its seizure in a newspaper circulating in the locality where the vehicle was seized. (sec.46A-ssec.5) The seizure notice must state the following— a description of the vehicle and any registration number displayed on it; where and when it was seized; a statement to the effect of subsection (3) . (sec.46A-ssec.6) If the vehicle is not reclaimed within 1 month after the seizure notice is published, the chief executive may sell the vehicle by public auction. (sec.46A-ssec.7) The proceeds of the sale of the vehicle must be applied in the following order— in payment of the expenses of the sale; in payment of the costs of seizing, moving and storing the vehicle and the seizure notice; if there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; in payment of the balance to the owner, or if the owner can not be found, into the consolidated fund. (sec.46A-ssec.7A) A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (7) (a) or (b) . (sec.46A-ssec.8) An authorised officer is taken to have made reasonable inquiries to find a person mentioned in subsection (1) (d) if the officer has not been able to find the person after making reasonable inquiries— at an address indicated on or near the vehicle not more than 10km from the vehicle; or by making a telephone call to a phone number displayed on or near the vehicle. (sec.46A-ssec.9) Sections 42 and 45 apply to a vehicle seized under this section with all necessary changes. (sec.46A-ssec.10) In this section— secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 . - (a) an authorised officer reasonably believes a vehicle is for sale on a place that is not— (i) the premises of a person licensed to conduct the business of a motor dealer under the Motor Dealers and Chattel Auctioneers Act 2014 ; or (ii) a private dwelling or its curtilage; and - (i) the premises of a person licensed to conduct the business of a motor dealer under the Motor Dealers and Chattel Auctioneers Act 2014 ; or - (ii) a private dwelling or its curtilage; and - (b) a document specified under a regulation for the vehicle is— (i) not displayed on the vehicle in the way required under the regulation; or (ii) if a document is displayed on the vehicle as required under the regulation and the authorised officer has inspected the vehicle under section 34 —in the reasonable opinion of the officer, false or misleading in a material particular; and - (i) not displayed on the vehicle in the way required under the regulation; or - (ii) if a document is displayed on the vehicle as required under the regulation and the authorised officer has inspected the vehicle under section 34 —in the reasonable opinion of the officer, false or misleading in a material particular; and - (c) the authorised officer reasonably believes an offence that may be constituted by anything mentioned in paragraph (b) involving the vehicle has been committed; and - (d) the authorised officer, after making reasonable inquiries— (i) can not find the person (the seller ) selling the vehicle, whether as owner or otherwise; or (ii) if the seller is found, reasonably believes a name or address given by the seller is false; and - (i) can not find the person (the seller ) selling the vehicle, whether as owner or otherwise; or - (ii) if the seller is found, reasonably believes a name or address given by the seller is false; and - (e) while making the inquiries, the authorised officer warned any person to whom the officer has made an inquiry about the vehicle that it may be seized if the authorised officer— (i) can not find the seller; or (ii) reasonably believes the things mentioned in paragraph (d) (ii) . - (i) can not find the seller; or - (ii) reasonably believes the things mentioned in paragraph (d) (ii) . - (i) the premises of a person licensed to conduct the business of a motor dealer under the Motor Dealers and Chattel Auctioneers Act 2014 ; or - (ii) a private dwelling or its curtilage; and - (i) not displayed on the vehicle in the way required under the regulation; or - (ii) if a document is displayed on the vehicle as required under the regulation and the authorised officer has inspected the vehicle under section 34 —in the reasonable opinion of the officer, false or misleading in a material particular; and - (i) can not find the person (the seller ) selling the vehicle, whether as owner or otherwise; or - (ii) if the seller is found, reasonably believes a name or address given by the seller is false; and - (i) can not find the seller; or - (ii) reasonably believes the things mentioned in paragraph (d) (ii) . - (a) satisfying an authorised officer the person claiming the vehicle is the owner; and - (b) paying the reasonable costs of seizing, moving and storing the vehicle and the seizure notice under subsection (4) . - (a) a description of the vehicle and any registration number displayed on it; - (b) where and when it was seized; - (c) a statement to the effect of subsection (3) . - (a) in payment of the expenses of the sale; - (b) in payment of the costs of seizing, moving and storing the vehicle and the seizure notice; - (c) if there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; - (d) in payment of the balance to the owner, or if the owner can not be found, into the consolidated fund. - (a) at an address indicated on or near the vehicle not more than 10km from the vehicle; or - (b) by making a telephone call to a phone number displayed on or near the vehicle.