2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Urban Services)

An Act to amend the Road Transport (Safety and Traffic Management) Act 1999

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Road Transport (Safety and Traffic Management) Amendment Act 2006.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Road Transport (Safety and Traffic Management) Act 1999.

(1) This section applies if a motor vehicle is seized under section 10C (1) (a) (Powers of police officers to seize and impound vehicles used in committing certain offences) by a police officer because the police officer believes the vehicle has been used by a person in committing an offence.

(2) The chief police officer must keep the motor vehicle under this section until the earlier of the following happens:

(a) the person is dealt with by a court for the offence;

(b) an infringement notice is served on the person for the offence;

(c) if a prosecution for the offence is not started within 28 days after the seizure—the end of the 28-day period;

(d) if the person has not been convicted, or found guilty, of a relevant offence within the 5-year period before the day the vehicle is seized—the end of the 3-month period after the day the vehicle is seized.

(3) However, subsection (2) does not apply if the vehicle is sooner released under—

(a) section 10G (Vehicles seized under s 10C (1) (a)—release by chief police officer); or

(b) section 10H (Vehicles seized under s 10C (1) (a)—release by Magistrates Court).

(4) If the person is convicted, or found guilty of, the offence, the chief police officer must keep the vehicle as required under section 10F.

(5) In this section:

relevant offence means an offence against—

(a) section 5A (Races, attempts on speed records, speed trials etc); or

(b) section 5B (Burnouts and other prohibited conduct); or

(c) section 8 (Menacing driving).

Presentation speech made in the Legislative Assembly on 2006.

Notified under the Legislation Act on 2006.

For the latest republication of amended laws, see www.legislation.act.gov.au.