Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
confiscated vehicle means a vehicle that is
confiscated under section 80A(1), 80C(1) or 80CB(1);
item means an item that was in or on a confiscated
vehicle or an uncollected vehicle at the time when —
(a) the
vehicle was impounded under Subdivision 2; or
(b) the
vehicle was surrendered; or
(c)
under section 78C, the vehicle was conveyed to a place for storage,
as is relevant to the case;
uncollected vehicle means a vehicle that was
impounded under Subdivision 2 or on an impounding order and not collected
within 28 days after the end of the impounding period.
(2) The Commissioner
may sell or otherwise dispose of a confiscated vehicle, an uncollected vehicle
or an item.
(3) The Commissioner
is not to sell or otherwise dispose of a confiscated vehicle, an uncollected
vehicle or an item unless —
(a) any
appeal against the conviction for an offence in respect of which the vehicle
was impounded or confiscated is determined; and
(b) any
appeal against an impounding or confiscation order in respect of the vehicle
is determined.
(4) The Commissioner
is not to sell or otherwise dispose of an uncollected vehicle or an item
unless —
(a) each
responsible person is given at least 14 days’ written notice of the
Commissioner’s intention to sell or dispose of the vehicle or item; and
(b) a
notice of the intention to sell or dispose of the vehicle or item is
published, at least 14 days before the proposed sale or disposal, in a
newspaper having State-wide circulation; and
(c) in
the case of an item, reasonable steps have been taken to return the item to
its owner; and
(d) any
proceedings under subsection (5) or (6) in relation to the vehicle or
item and any appeal in respect of those proceedings are determined.
(5) The owner of an
uncollected vehicle may apply to the Magistrates Court for an order that the
sale or disposal of the vehicle under subsection (2) not take place until
after such time as is specified in the order but no later than 3 months
after the day of the order.
(6) The owner of an
item may apply to the Magistrates Court for an order that the item be
returned.
(7) Proceeds of the
sale or disposal under subsection (2) of a vehicle or item are to be paid
in the following order of priority —
(a) for
expenses incurred in selling the vehicle or item;
(b) in
the case of a confiscated vehicle, for expenses incurred consequent on the
confiscation of the vehicle;
(c) in
satisfaction of an unpaid amount for which a person is liable under
section 79E;
(d) in
satisfaction of an unpaid amount of a judgment debt arising out of a liability
under section 79E;
(e) in
satisfaction of an unpaid amount for which a person is liable under
section 80H;
(f) in
satisfaction of an unpaid amount of a judgment debt arising out of a liability
under section 80H;
(g) for
the expenses incurred in storing the vehicle after the impounding period ends;
(h) in
the case of an uncollected vehicle, in satisfaction of any unpaid amount known
to the Commissioner for which the vehicle is nominated in writing as security
for the payment of that amount;
(i)
in the case of a confiscated vehicle, in satisfaction of
any unpaid amount known to the Commissioner —
(i)
for which the vehicle was nominated in writing as
security for the payment of that amount; and
(ii)
that, but for the confiscation of the vehicle, would have
been payable to a person other than the person convicted of the offence in
respect of which the vehicle was confiscated;
(j) the
balance, in the case of a confiscated vehicle —
(i)
if the vehicle was confiscated under section 80A(1)
or 80C(1), to the credit of the Road Trauma Trust Account established in
accordance with the Road Safety Council Act 2002 section 12;
(ii)
if the vehicle was confiscated under
section 80CB(1), to the credit of the Confiscation Proceeds Account
established in accordance with the
Criminal Property Confiscation Act 2000 section 130;
(k) the
balance, in the case of an uncollected vehicle or an item, to the Treasurer of
the State to be dealt with under the Unclaimed Money Act 1990 as
prescribed retained money.
(8) A person who
acquires an uncollected vehicle or an item on a sale or disposal under
subsection (2) of the vehicle or item obtains a good title to the vehicle
or item if the person acquires it in good faith and without notice of any
failure to comply with subsection (4) in relation to the sale or
disposal.
[Section 80J inserted by No. 10 of 2004
s. 13; amended by No. 4 of 2007 s. 10, 23 and 31(1);
No. 24 of 2008 s. 22, 23, 24(1) and 25; No. 23 of 2009 s. 25.]