Traffic Amendment (Street and Illegal Drag Racing) Act 1997 (NSW)
New South Wales
Traffic Amendment (Street and Illegal
Drag Racing) Act 1997 No 7 4
Contents
Page
| 1 | Name of Act | 2 |
| 2 | Commencement | 2 |
| 3 | Amendment of Traffic Act 1909 No 5 | 2 |
| 4 | Amendment of Search Warrants Act 1985 No 37 | 2 |
| 5 Transitional provisions | 2 |
Schedules
| 1 | Amendment of Traffic Act 1909 | 3 |
| 2 | Amendment of Search Warrants Act 1985 | 6 |
New South Wales
Traffic Amendment (Street and Illegal
Drag Racing) Act 1997 No 74
Act No 74, 1997
An Act to amend the Traffic Act 1909 with respect to the use and confiscation of vehicles in connection with illegal drag racing and other activities; to make a consequential amendment to the Search Warrants Act 1985; and for related purposes. [Assented to 10 July 1997]
| Section 1 | Traffic Amendment (Street and Illegal Drag Racing) Act 1997 No 74 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Traffic Amendment (Street and Illegal Drag
Racing) Act 1997.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Traffic Act 1909 No 5
The Traffic Act 1909 is amended as set out in Schedule 1.
4 Amendment of Search Warrants Act 1985 No 37
The Search Warrants Act 1985 is amended as set out in
Schedule 2.
5 Transitional provisions
| (1) | An amendment made by this Act does not apply in relation to an alleged offence committed before the commencement of the amendment. |
| (2) | However, the amendment made by Schedule 1 [7] extends to motor vehicles impounded or forfeited before the commencement of the amendment. |
Traffic Amendment (Street and Illegal Drag Racing) Act 1997 No 74
| Amendment of Traffic Act 1909 | Schedule 1 |
| Schedule 1 | Amendment of Traffic Act 1909 |
(Section 3)
[1] Section 4BA Conduct associated with street and drag racing and other activities
| Omit “ the driving wheels” from section 4BA (1). Insert instead “ one or more of the driving wheels” . |
[2] Section 4BB Removal and impounding of vehicles used for certain offences
Omit section 4BB (1). Insert instead:
| (1) | A police officer who reasonably believes that a motor vehicle: | |||
| ||||
| may seize and take charge of the motor vehicle and cause it to be removed to a place determined by the Commissioner of Police. |
[3] Section 4BB (1A)
Insert after section 4BB (1):
(1A) A motor vehicle may be seized under subsection (1)
from:
| (a) | a public place, or |
| (b) | any other place, with the consent of the owner or occupier of the place or under the authority of a search warrant issued under section 4BD. |
Traffic Amendment (Street and Illegal Drag Racing) Act 1997 No 74
| Schedule 1 | Amendment of Traffic Act 1909 |
[4] Section 4BB (6), (7)
Insert after section 4BB (5):
| (6 ) | The regulations may make provision for or with respect to requiring the owner or driver of a motor vehicle to pay a fee in relation to the towing of the vehicle under this section. The whole or any part of the fee that is unpaid may be recovered from the owner or driver of the motor vehicle by the Commissioner of Police as a debt due to the Crown in any court of competent jurisdiction. A certificate in writing given by a police officer as to the fact and cost of towing is evidence of those matters. |
| (7) | In this section: |
| public place includes any place that members of the | |
| public are entitled to use. |
[5] Section 4BC Impounding or forfeiture of vehicles on proof or admission of offence
Omit section 4BC (5).
[6] Section 4BD
Insert after section 4BC:
4BD Search warrants
| (1) | A police officer may apply to an authorised justice for a search warrant if the police officer has reasonable grounds for believing that there is or, within 72 hours, will be on any premises a motor vehicle that has been operated as referred to in section 4BB. | |
| (2) | An authorised justice to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising a police officer named in the warrant: | |
|
Traffic Amendment (Street and Illegal Drag Racing) Act 1997 No 74
| Amendment of Traffic Act 1909 | Schedule 1 |
| (b) | to search the premises for such a motor vehicle, and |
| (c) | to seize such a motor vehicle, and otherwise deal with it, in accordance with section 4BB. |
| (3) | Part 3 of the Search Warrants Act 1985 applies to a search warrant issued under this section. |
| (4) | In this section, authorisedjustice and premises have the same meanings as they have in the Search Warrants Act 1985. |
Schedule 2 Impounded and forfeited vehicles
Insert after clause 3 (2):
| (3) | This clause does not apply in the case of a vehicle impounded in the circumstances referred to in section 4BB (1) (b), except as prescribed by the regulations. |
Schedule 2, clause 9
Insert after clause 8:
9 Disposal of vehicles
The Commissioner may cause an impounded or forfeited vehicle to be offered for sale in the circumstances prescribed by the regulations. The sale is to be by public auction or public tender.
The vehicle may be disposed of otherwise than by sale if the Commissioner believes on reasonable grounds that the vehicle has no monetary value or that the proceeds of the sale would be unlikely to exceed the costs of sale.
If the vehicle offered for sale is not sold, the Commissioner may dispose of the vehicle otherwise than by sale.
The regulations may make provision for or with respect to the disposal of the proceeds of any such sale, including provisions for or with respect to entitling persons to seek to be paid any such proceeds.
Traffic Amendment (Street and Illegal Drag Racing) Act 1997 No 74
| Schedule 2 | Amendment of Search Warrants Act 1985 |
| Schedule 2 | Amendment of Search Warrants Act 1985 |
(Section 4)
Section 10 Definitions
Insert “section 4BD of the Traffic Act 1909,” in the definition of search warrant in alphabetical order of Acts.
[Minister's second reading speech made in
Legislative Assembly on 18 June 1997
Legislative Council on 27 June 1997]
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