Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:7:p39
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 7 (pt 39/46)
Character Range: 322500–325088

declaration to be served with summons
  If a person is named in a statutory declaration given under paragraph 12.62(2)(b) or (c) as being the person who was in charge of the motor vehicle at the time of an alleged offence against regulation 12.43, 12.44, 12.48 or 12.54:
 (a) the person may be found guilty of the offence only if a copy of the statutory declaration was attached to the summons for the offence when it was served on him or her; and
 (b) the statutory declaration is admissible in evidence in a prosecution for the offence against the person and is evidence that the person was in charge of the vehicle at that time.

12.64  Impounding or removal of vehicles etc
 (1) A warden or ranger may impound a vehicle, vessel, aircraft or other property (other than goods that have been seized or forfeited under Division 10 of Part 17 of the Act), but only if the warden or ranger suspects on reasonable grounds that the vehicle, vessel, aircraft or other property has been abandoned in a Commonwealth reserve.
 (2) For subregulation (1), the Director may:
 (a) establish and maintain a pound; or
 (b) enter into an arrangement with a body for use of a pound established by the body.
 (3) If a warden or ranger impounds a vehicle, vessel, aircraft or other property , he or she must:
 (a) remove it to a pound; and
 (b) take reasonable steps to identify its owner and inform the owner of the impounding.
 (4) For paragraph (3)(b), if the owner of the vehicle, vessel, aircraft or other property cannot be identified, the steps include publishing, in a newspaper circulating in the area where the reserve is located, an advertisement that includes:
 (a) a description of the vehicle, vessel, aircraft or other property; and
 (b) the date when, and area of the reserve where, the vehicle, vessel, aircraft or other property was impounded.
 (5) A warden or ranger must release an impounded vehicle, vessel, aircraft or property to its owner on payment to the Director of the cost of impounding.
 (6) The cost of impounding a vehicle, vessel, aircraft or other property includes:
 (a) the cost of removing it to a pound; and
 (b) the cost of identifying its owner; and
 (c) if the pound is maintained by the Director, the cost, that is reasonably attributable to the management of the impounded property, of:
 (i) providing staff at the pound; and
 (ii) reasonably maintaining the pound.
 (d) if the pound is not maintained by the Director, the amount that the Director is charged for the use of the pound for the impounded property; and
 (e) any other expenses of the Director for the