Question about QLD anti hoon laws

[Shonky.]

I know, I know, another cliche thread, I'm sorry, but I have a specific question that google can't seem to answer for me.....

What happens when a vehicle that has secured finance against it is confiscated permanently? For example a car loan with credit union.

Under the terms of most secured loans you are not permitted to sell the vehicle without paying off the loan.

How does the law confiscate the vehicle from the rightful owner, namely the financier??

Please don't answer saying that the owner would be required to continue to pay the loan, cause I get that. My question is how can they confiscate the car whilst it is tied to a finance arrangement, possibly eliminating the credit provider's opportunity to recover the money in the event that the owner stops paying the loan?

In this case would the confiscated vehicle be returned to the finance provider?

Please don't guess, only if you know....

[xisled]

Confiscation is not a simple thing. What all these scare tactics and what all these people protesting don't mention is that the card needs to be order by the courts to be confiscated.

The police can not just confiscate the car. My guess would be the court would rule and the decision would be made on the brief and offenders circumstances.

The problem with the Queensland law is not many people have read the legislation.

[Trump]

Originally Posted by xisled

Confiscation is not a simple thing. What all these scare tactics and what all these people protesting don't mention is that the card needs to be order by the courts to be confiscated.

The police can not just confiscate the car. My guess would be the court would rule and the decision would be made on the brief and offenders circumstances.

The problem with the Queensland law is not many people have read the legislation.

I don't think even the politicians have read the legislation...

[csv8]

There is nothing in the ACT, page 16..
https://www.legislation.qld.gov.au/L...ePowResR12.pdf

[xisled]

Here is the section for cars

https://www.legislation.qld.gov.au/L...13/13AC015.pdf

[The Monty]

121 Application of proceeds of sale
(1) This section applies if the commissioner decides to sell a
motor vehicle under section 118, 118A or 120.
(2) The proceeds of the sale are to be applied in the following
order—
(a) in payment of the expenses of the sale;
(b) in payment of the costs of removing and keeping the
motor vehicle and for searching registers for giving
notice of the motor vehicle’s impounding or
immobilisation;
(c) if there is an amount owing to a person under a security
interest registered for the motor vehicle under the
Personal Property Securities Act 2009 (Cwlth)—in
payment of the amount owing to the holder of the
security interest;
(d) if the motor vehicle is sold under section 118—in
payment of any balance to the owner;
(da) if the motor vehicle is sold under section 118A—
(i) if the owner was not the subject of a warrant
mentioned in section 118A(1)(b) or (2)(b)—in
payment of any balance to the owner; or
(ii) otherwise—in payment to the consolidated fund;
(e) if the motor vehicle is sold under section 120—in
payment to the consolidated fund.

[Rockape]

^^^ That is just all words to me lol. Im no lawyer.

[The Monty]

Pay costs to sell it (auction fees)
Pay Storage and associated fees
Pay loan off
The rest to the owner.

[Trump]

I'm looking into it now, but I'm reasonably sure the tards in Parliament here (Vic) made no provision for any remaining monies to go back to the owner.

[nstg8a]

I'd be bloody amazed if an owner ever saw a red cent back from their car being confiscated permanently.
Considering they're sold at auction, which usually means ultra low prices, and the exorbitant storage and towage fees I'd say it would be pretty easy to use up the entire value in costs, especially since the vast majority of cars permanently confiscated are bombs with little value anyway.

[castellan]

You are better off being a thief.
Go steal a car and cut loose, you could be better off !
It's hoons they really dislike, not thief's so much.
You could steal a $5000 car and destroy it or a $70,000 it makes no difference you are just more of a hero in jail wrecking more than less. sad but true story.
If the cops destroy a true criminals car etc do you think the crim would care, he never worked for it in the first place now did he and he will just go get another.
A cop punching a brat in the face works wonders you know, and that's the way it was done in my day.

[Sorted]

You better buy a bomb if your up to your third offence and just get that confiscated

[Shonky.]

I haven't posted again in this thread cause I haven't had time to read the legislation yet, but thank you for posting the links/quotes.

It does sound like it is very much a case of scare tactics with the advertising

Sorted, that is actually something else I have wondered........

Are the strikes applied against a vehicle or a driver?

I guess I should try and read the above links first

[The Monty]

Its the driver, so regardless of who's car they are in, its gone.