Northern Territory Consolidated Acts Northern Territory Consolidated Acts29AM. Application to Local Court after making of forfeiture order
(1) This section applies to a person if:
(a) the person had an interest in a motor vehicle before it was forfeited under a forfeiture order; and
(b) the person:
(i) was not notified of the application for that order under section 29AJ and did not appear as a party in the proceedings for that application; or
(ii) is allowed by the Local Court to make an application for an order under this section; and
(c) the vehicle:
(i) is still vested in the Territory; or
(ii) has been sold under section 29AS and part of the proceeds has been paid to the Central Holding Authority (the CHA amount ).
(2) The person (the applicant ) may, within 60 days after the forfeiture of the motor vehicle, apply to the Local Court for an order:
(a) declaring the nature, extent and value of the interest; and
(b) directing the Territory:
(i) if the vehicle is still vested in the Territory - to transfer it to the applicant; or
(ii) otherwise - to pay to the applicant an amount worked out under subsection (3).
(3) The amount must be:
(a) equal to the value of the interest if that value is less than so much of the CHA amount as is reduced by any amount already paid under this section to another person who also had an interest in the vehicle (the reduced CHA amount ); or
(b) otherwise - equal to the reduced CHA amount.
(4) The Local Court may allow the application to be made more than 60 days after the forfeiture of the vehicle if it is satisfied the delay in making the application was not caused by the applicant's neglect.
(5) The applicant must notify the Commissioner of Police of the application at least 3 days before the Local Court hears the application.
(6) The Commissioner of Police:
(a) is a party to the proceedings for the application; and
(b) if the vehicle is vested in the Territory - must not dispose of the vehicle after being notified of the application and before the end of the proceedings.
(7) The Local Court must grant the application by making an order it considers appropriate if it is satisfied:
(a) the applicant would, apart from the forfeiture order, have a genuine interest in the vehicle; and
(b) if the vehicle was forfeited under a forfeiture order - the prescribed driving offence to which the order relates happened without the knowledge and consent of the applicant.