POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 788
Third party protection from forfeiture order
POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 788
Third party protection from forfeiture order
788 Third party protection from forfeiture order
(1) A person, other than
the defendant, who did not appear at the hearing of an application for a
forfeiture order and has an interest in the motor vehicle forfeited to the
State under the order may apply to the relevant court for an order under
subsection (6) .
(2) Subsection (1) applies even though the value of the
motor vehicle may be more than the maximum amount that may be claimed in a
personal action in the civil jurisdiction of a Magistrates Court.
(3) Unless
the relevant court gives leave, the application must be made before the end of
the period of 6 months starting on the day the forfeiture order was made.
(4)
The relevant court may give leave for a later application if it is satisfied
that the delay in applying was not because of the applicant’s neglect.
(5)
Unless the relevant court gives leave, a person who was given notice of the
application for the forfeiture order can not apply to the court for an order
under subsection (6) .
(6) On an application, an order may be made—
(a)
declaring the nature, extent and, if necessary for the order, the value (when
the declaration is made) of the applicant’s interest in the motor vehicle;
and
(b) directing the State—
(i) if the motor vehicle is still vested in
the State—to transfer the motor vehicle to the applicant; or
(ii) if the
motor vehicle is no longer vested in the State—to pay to the applicant the
value of the applicant’s interest in the motor vehicle after taking into
account any amount paid to the holder of a registered security interest under
section 786(2) (c) .
(7) The relevant court must, and may only, make the
order if it is satisfied—
(a) the applicant has or, apart from the
forfeiture, would have a genuine interest in the motor vehicle; and
(b) the
relevant evasion offence happened without the knowledge and consent of the
applicant.
(8) For all applications, including applications for leave to
apply—
(a) the applicant must give notice of the making of the application
to the commissioner; and
(b) the party given notice is a party to the
application.
(9) In this section—
"defendant" means the person found guilty of the evasion offence because of
which the forfeiture order was made.
"relevant court" means the relevant court to which the application for the
forfeiture order was made.
"relevant evasion offence" means the evasion offence because of which the
forfeiture order was made.
