The impoundment period for the qualifying offences varies depending on the offence type and the number of charges or convictions for a ‘like’ offence. Further, upon application by police, an additional impoundment period or an order for confiscation may be issued by a court depending on the offence type and number of convictions.
Roadside impoundment
Roadside impoundment by police applies to hoon and unauthorised driving offences only. In relation to hoon offences, previous charges apply when determining the impoundment period. Police are required to interrogate both IMS and Briefcase to ensure quality assurance of the data. Charges that have been withdrawn or have resulted in an acquittal are not to be considered as a previous charge. The following roadside impoundment periods apply:
| Based on previous convictions or charges |
1st offence | 2nd or subsequent offence |
|
|---|---|---|---|
| Impounding Offence (driving) |
Charges | 28 days | 3 months |
| Impounding Offence (driver’s licence) |
Convictions | 28 days | 28 days |
Court ordered impoundment or confiscation
Upon conviction of a qualifying impounding offence, police may make application to the court, depending on the offence type and number of convictions, for the court to order an impoundment period or confiscation order. In relation to offence types that already attract a roadside impoundment, this is in addition to the period already served. The following table identifies when a court application may apply and the penalty associated with it:
| 1st conviction | 2nd or subsequent conviction | 3rd or subsequent conviction | |
|---|---|---|---|
| Impounding Offence (driving) |
N/A | N/A | Confiscation order must be granted unless hardship applies to a person other than the driver or alternatively 6 months impoundment |
| Impounding Offence (driver’s licence) |
N/A | 3 months impoundment | 6 months impoundment or confiscation order may apply |
| Road rage | 6 months impoundment or confiscation order may apply |
6 months impoundment or confiscation order may apply |
6 months impoundment or confiscation may apply |
