Victorian Numbered Acts

ROAD LEGISLATION AMENDMENT ACT 2009 (NO. 28 OF 2009) - SECT 38

For section 84ZQ(2) of the Principal Act substitute —

    "(2)     The Chief Commissioner of Police must not sell or otherwise dispose of a motor vehicle or an item or thing left in or on a motor vehicle under subsection (1) unless—

        (a)     the matters referred to in subsection (3) are satisfied; or

        (b)     a disposal order has been made for the motor vehicle.

    (3)     For the purposes of subsection (2)(a), the matters that must be satisfied before the Chief Commissioner may sell or otherwise dispose of the motor vehicle or item or thing are—

        (a)     all proceedings in relation to the relevant offence that led to the impoundment or immobilisation of the motor vehicle have been finalised and any appeal period has expired; and

        (b)     at least 14 days before attempting to sell or otherwise dispose of the motor vehicle, item or thing, the Chief Commissioner serves notice on the registered operator and driver of the motor vehicle that the Chief Commissioner intends to sell or otherwise dispose of the motor vehicle, item or thing unless steps are taken to collect or release the motor vehicle, item or thing; and

        (c)     at least 14 days before attempting to sell or otherwise dispose of the motor vehicle, item or thing, the Chief Commissioner, by publishing a notice in a newspaper circulating generally in the State, notifies the public that the Chief Commissioner intends to sell or otherwise dispose of the motor vehicle and any item or thing left in or on the motor vehicle; and

        (d)     if the Chief Commissioner intends to sell or otherwise dispose of an item or thing left in or on the motor vehicle, all reasonable efforts have been made to return the item or thing to its owner.".