Victorian Numbered Acts

TRANSPORT LEGISLATION AMENDMENT (ROAD SAFETY, RAIL AND OTHER MATTERS) ACT 2017 (NO. 68 OF 2017) - SECT 33

For section 84S(1) of the Principal Act substitute —

    "(1)     On the application of the Chief Commissioner of Police under section 84U(1), if a driver is found
guilty of a relevant offence and within the 6 years immediately preceding the commission of that offence the driver has committed one or more other relevant offences, the relevant court must order, subject to section 84Z, that the motor vehicle used in the commission of the relevant offence before the court or a substituted motor vehicle—

        (a)     be impounded or immobilised for—

              (i)     a period of 45 days; or

              (ii)     on the application of the Chief Commissioner of Police, any longer period not exceeding 3 months in total (including any period of impoundment or immobilisation during the designated period); or

        (b)     be forfeited to the Crown by order under section 84T(1).

Notes

1     Section 84Z allows a court to decline to make an impoundment or immobilisation order in certain circumstances.

2     An application under section 84ZG for a search and seizure warrant may be heard and determined immediately after an application under section 84U(1) if an impoundment or immobilisation order is made.".