Victorian Numbered Acts Victorian Numbered ActsAfter section 84ZS of the Principal Act insert —
(1) The Chief Commissioner of Police may sell, by public auction or tender, or otherwise dispose of, a motor vehicle that is the subject of a disposal order and any item or thing left in or on the motor vehicle.
(2) The Chief Commissioner must not sell or dispose of an item or thing left in or on a motor vehicle that is the subject of a disposal order unless all reasonable efforts have been made to return the item or thing to its owner.
(1) The Chief Commissioner of Police may give notice of an application for a disposal order for a motor vehicle if—
(a) a decision is made by a member of the police force to impound or immobilise the motor vehicle under section 84F or an impoundment or immobilisation order is made against the vehicle; and
(b) the relevant court adjourns proceedings in relation to a relevant offence, other than to a fixed date, because the defendant fails to appear; and
(c) a warrant is issued for the arrest of the defendant; and
(d) the motor vehicle has not been collected, and the designated costs are not paid, within 2 months after the day the proceedings are adjourned.
(2) At least 28 days before making an application under subsection (1) the Chief Commissioner of Police must—
(a) serve notice of the intention to make the application on—
(i) the driver of the motor vehicle; and
(ii) if the driver of the motor vehicle is not the registered operator of the motor vehicle, the registered operator; and
(iii) any person who the Chief Commissioner is aware has an interest in the motor vehicle; and
(iv) the Corporation; and
(b) publish a notice in a newspaper circulating generally in the State, of the Chief Commissioner's intention to make the application.
(3) A notice under subsection (2) must state—
(a) that the Chief Commissioner intends to apply for an order to dispose of the motor vehicle unless the motor vehicle is collected, and the designated costs paid, within 28 days of the date the notice is served; and
(b) information that identifies the motor vehicle, including the motor vehicle's registration number (if applicable); and
(c) that a person named in the notice may appear before the relevant court at the hearing of the application and show cause why the order should not be made; and
(d) any person on whom the notice is served must not sell or otherwise dispose of the person's interest in the motor vehicle without the approval of the relevant court.
The Chief Commissioner of Police may apply to the court for an order to dispose of a motor vehicle if—
(a) the Chief Commissioner has served notice in respect of the motor vehicle in accordance with section 84ZU(2)(a); and
(b) within 28 days after the date the notice is served, the motor vehicle is not collected or the designated costs have not been paid.
(1) The relevant court hearing an application for a disposal order—
(a) must allow a person served with a notice under section 84ZU to be heard at the hearing of the application and to show cause why the disposal order should not be made; and
(b) may allow any other person to be heard if the court is satisfied the disposal order may substantially affect the person's interests.
(2) After hearing the application, the court may—
(a) make the disposal order; or
(b) decline to make the disposal order if the court is satisfied the order would cause exceptional hardship to a person.
(3) If the court makes the disposal order, the Crown becomes the owner of the motor vehicle.
(1) If a motor vehicle, item or thing is sold under a disposal order, the proceeds of the sale are to be applied in the following order of priority—
(a) to pay the costs of the disposal;
(b) to pay any costs of impoundment or immobilisation;
(c) to discharge any security interest over the motor vehicle, including a bank loan or lease arrangement.
(2) Any sum remaining after the proceeds of the sale are applied in accordance with subsection (1) is taken to be unclaimed money under the Unclaimed Money Act 2008 as if it were a sum of money legally payable to the person who was the owner of the vehicle immediately before the disposal order was made and as if the sum has remained unpaid for more than 12 months.".