Legislative Assembly for the ACT: 1999 Week 1 Hansard (8 December) . . Page.. 4028 ..
MR RUGENDYKE: Amendment 21 specifies that the court may exercise powers in relation to the impounding or forfeiture of motor vehicles. Amendment 22 inserts a new subsection that allows magistrates to take into account evidence when determining whether a vehicle is impounded or forfeited. This is consistent with recommendations of the committee.
MR RUGENDYKE (5.21): Mr Speaker, I seek leave to move amendments Nos 23 to 27 together.
MR RUGENDYKE: I move amendments Nos 23 to 27 circulated in my name. The amendments read:
Page 7 -
Line 27, proposed new paragraph 139N (2) (b), omit the paragraph, substitute the following paragraph:
"(b) must state-
(i) the provision of this Act contravened by the person; and
(ii) the place where the offence was committed and the date and approximate time of the offence; and
(iii) particulars that identify the vehicle.".
Line 29, proposed new subsection 139N (3), omit "impounded under subsection 138K (2)", substitute "seized under subsection 139K (1)".
Line 31, proposed new paragraph 139N (3) (a), omit "139F or 139I", substitute "119 or 119AA or subsection 217 (4)".
Line 36, proposed new paragraph 139N (3) (b), omit the paragraph, substitute the following new paragraph:
"(b) if such proceedings are not instituted within 28 days after the vehicle is seized-those 28 days have elapsed.".
Page 8, line 3, proposed new subsection 139N (4), omit "139O or 139P", substitute "139P or 139Q".
Amendment 23 inserts provisions for what information is required to be contained on notices of impounding or forfeiture. Amendment 24 is to clarify that subsection 139K refers to vehicles seized under the provisions rather than impounded. Amendment 25 is, again, a mechanical amendment necessary because the administrative duties have been transferred from the chief police officer to the Registrar of Motor Vehicles. Amendment 26 requires seized cars to be returned if a prosecution has not commenced within 28 days. Amendment 27 is required to correct an error in the sequential lettering of the initial drafting of the Bill.
Amendments agreed to.