Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Within 3 months after a vehicle is confiscated in accordance with section 37Q, a police officer may apply to the Court for forfeiture of the vehicle.
(2) The Court may make an order that a confiscated vehicle be forfeited to the Crown, if the driver has, within 12 months before the day when the vehicle was confiscated, been convicted of an earlier prescribed offence on 3 or more occasions.
(3) On the making of a forfeiture order for a vehicle –
(a) the vehicle becomes the property of the Crown; and
(b) any right of a person to enforce a charge or other security interest registered under the Motor Vehicles Securities Act 1984 against a person other than the State by taking possession of the vehicle is extinguished.
(4) An application under subsection (1) is to be made to the Court even though the value of the vehicle may be more than the monetary jurisdiction of the Court.
(5) The driver, registered operator or owner of a vehicle confiscated under section 37Q may apply to the Court, at any time before the application for forfeiture is heard and determined, for the return of the vehicle.
(6) If the Court is satisfied that the confiscation or forfeiture of a vehicle will cause severe hardship to a person, the Court may order that the vehicle be returned to the registered operator or owner until the application for forfeiture is heard and determined.
(7) The Court may, on the return of the vehicle under subsection (6), impose such conditions on the use of the vehicle as it considers appropriate.
(8) The registered operator or owner of the vehicle must not substantially alter, sell or otherwise dispose of a vehicle returned under subsection (6) until the application for forfeiture is determined or withdrawn.
Penalty:
Fine not exceeding 40 penalty units.