Looks like they will still confiscate the car whether the driver is the owner or not but the owner can apply for early release.
16.11.2 Prescribed offence happened without owners consent
See ss. 79C and 79D: 'Decision on application for release of impounded or immobilised motor vehicle on
basis prescribed offence happened without owner's consent' of the Police Powers and Responsibilities Act.
PROCEDURE
Where a delegated commissioned officer (see Delegation D24.57 of the Handbook of Delegations and
Authorities) receives a completed application from an eligible person for the early release of an impounded
or immobilised vehicle on the basis that the offence occurred without the consent of the owner, the officer is
to:
(i) consider the application and supporting documentation and make any necessary inquiries to reach
a decision. Where further information is required from the applicant, advise them as soon as
practicable;
(ii) if satisfied the relevant prescribed offence happened without the consent of the owner:
(a) grant the application with or without conditions;
(b) ensure as soon as practicable the applicant is given a QP 0962: 'Vehicle release notice
(Vehicle related offence)' (available on QPS Forms Select) for the motor vehicle;
(c) where the vehicle has been impounded, ensure a task is sent to the relevant vehicle
impoundment coordinator advising that the vehicle can be released; and
(d) where the vehicle has been immobilised by having the number plates removed and
confiscated, ensure a task is sent to the officer in charge of the officer who immobilised the
vehicle, advising that number plates can be returned to the owner;
(iii) where the application is refused, as soon as practicable, ensure the applicant is given a QP 0963:
'Information notice (Vehicle related offence)' (available on QPS Forms Select); and
(iv) update the relevant QPRIME occurrence providing:
(a) reference to any inquiries made to reach the decision;
(b) reference to any documents relied upon to reach the decision. Where such documents are
not already part of the occurrence or scanned into the occurrence, ensure the documents relied
upon are scanned into the occurrence; and
(c) sufficient details of the reasons for the decision.
