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10.12.15 Breaches of MVCS requirements

Last amended 
3 December 2012

If there is a breach of any of the MVCS requirements, the delegate may notify the person in writing that:

  • if the breach is not rectified within 30 days of receiving the notice, the amount owing under the chattel mortgage becomes a debt due and payable by the person to the Commonwealth;
  • if the breach is not rectified or the amount due and payable paid within 2 days at the end of the 30 day period, the legal title reverts to the Commonwealth and the Commonwealth may take possession of the motor vehicle; and
  • if the person has contributed an amount to the purchase of the motor vehicle, the person is entitled to a proportionate amount of the value of the motor vehicle when the Commonwealth takes possession of the motor vehicle.

Any cases where it is proposed that the Commonwealth take possession of a motor vehicle, should be referred to the location Deputy Commissioner in the first instance.