(1) A person who wishes to review a decision to detain a motor vehicle of which he or she is a registered owner or registered creditor shall apply to the Commissioner in the manner and form approved by the Minister and accompanied by the prescribed fee.
(2) The Commissioner shall, by notice served personally or by registered mail —
(a) inform the applicant of the date, time and place of the review;
(b) request that the applicant —
(i) attend the review in person or by counsel or agent, or
(ii) submit any sworn statements or other evidence that the applicant wishes the Commissioner to consider.
(3) If the applicant fails to attend and fails to submit any evidence in accordance with this section, the Commissioner shall consider all the information that is presented to him or her by the traffic officer in relation to the detention.
(4) If the applicant attends, the Commissioner shall provide the applicant and the traffic officer a full opportunity consistent with procedural fairness and natural justice to present evidence before the Commissioner and make representations in relation to the violation or detention.
(5) On a proceeding before the Commissioner under subsection (4), the applicant is not required and shall not be compelled to give any evidence or testimony in the matter.