Reading over those links sent out, it would seem that if you kept
your head low for the next 10 days so that the cops couldnt find you
(ie, dont answer your door etc etc) then that would give them even
less of a legal leg to stand on.

One of the links said that the cops had the right to push your car
from the scene to a compound yard - that would certainly get a few of
those extra doughnut kilos off.

Monday, April 22, 2002, 11:40:27 AM, you wrote:

CH> Damn Police State :O(

CH> Majorly bad news Andrew, After reviewing the legislation, I suggest you
CH> move your car to a trusted friends garage immediately. The relevant laws
CH> and previous case notes I found are below.

CH> As far as I read it, they can only confiscate the car within 10 days of
CH> the burnout offence. If they can't find it within 10 days....  They
CH> cannot force you to tell them where it is either without a court
CH> subpoena. And they cannot look in your garage without a search warrant
CH> issued under Section 41 below. And then if it's not there they have to
CH> guess where it is and get another search warrant etc.

CH> Relevant Legislation:

CH> ROAD TRANSPORT (GENERAL) ACT 1999
CH> Section 39 Removal and impounding of vehicles used for certain offences
CH> http://www.austlii.edu.au/au/legis/nsw/consol_act/rta1999242/s39.html

CH> Section 40 Impounding or forfeiture of vehicles on finding of guilt or
CH> admission of offence
CH> http://www.austlii.edu.au/au/legis/nsw/consol_act/rta1999242/s40.html

CH> Section 41 Search warrants
CH> http://www.austlii.edu.au/au/legis/nsw/consol_act/rta1999242/s41.html


CH> ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999
CH> Section 40 Races, attempts on speed records and other speed trials
CH> http://www.austlii.edu.au/au/legis/nsw/consol_act/rtatma1999412/s40.html

CH> Section 41 Conduct associated with road and drag racing and other
CH> activities
CH> http://www.austlii.edu.au/au/legis/nsw/consol_act/rtatma1999412/s41.html


CH> Previous Case Notes:

CH> Boulton -v- Commissioner of Police, New South Wales Police Service
CH> [2000] NSWADT 135 (27 September 2000)
CH> http://www.austlii.edu.au/au/cases/nsw/NSWADT/2000/135.html

CH> Anthony -v- Commissioner of Police, New South Wales Police Service
CH> [2000] NSWADT 155 (7 November 2000)
CH> http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWADT/2000/155.h
CH> tml

CH> Downes v DPP [2000] NSWSC 1054 (16 November 2000)
CH> http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/supreme%5fct/2000
CH> /1054.html

CH> Good luck,

CH> Chris

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