New South Wales Consolidated Acts New South Wales Consolidated Acts(cf former Act, s 40)
(1) In this section:
"offending operator" means an offender who, at the time of an offence in connection with which a motor vehicle was used, was both the driver, and a registered operator, of the motor vehicle.
(2) A motor vehicle used in connection with an offence under section 40 or 41 (2) of the Road Transport (Safety and Traffic Management) Act 1999 that is the first offence by the offending operator under the provision concerned is, by the finding of guilt by the court, liable to be impounded for a period of 3 months unless the court otherwise directs under subsection (3) or (5).
(4) A motor vehicle used in connection with an offence under section 40 or 41 (2) of the Road Transport (Safety and Traffic Management) Act 1999 that is a second or subsequent offence by the offending operator under the provision concerned is, by the finding of guilt by the court, forfeited to the Crown unless the court otherwise directs under subsection (5).Note: A forfeited motor vehicle may be crash tested-see section 227 (5).
(5) The court may by order direct that a period of impounding imposed by this section be reduced or dispensed with, or that a forfeiture imposed by or under this section be commuted to a period of impounding specified in the order, if the court is satisfied that the impounding of the motor vehicle will cause extreme hardship to the offending operator or any other person.
(6) For the purposes of subsection (5), difficulty in carrying out employment (whether paid or unpaid) or in travelling to a place of employment or business or to any place for the purposes of education, training or study does not constitute extreme hardship.
(7) The period for which a motor vehicle was impounded under section 218 is to be reckoned as counting towards a period of impounding imposed by or under this section.
(8) Any impounding or forfeiture under this section is in addition to any other penalty that may be imposed for the offence concerned, but for the purposes of any rights of appeal against a penalty so imposed by the court finding the offence to be proven, the impounding or forfeiture is taken to be, or to be part of, that penalty.