Consumer Affairs and Fair Trading Act 1990

Subject to subsection (9), the court before which a person is found guilty of an offence against section 128 may, in addition to any penalty it may impose, make either or both of the following orders:

an order that any specified motor vehicle to which the offence relates be forfeited to the Territory;

an order that the person pay to the Territory an amount, as assessed by the court, equal to the proceeds derived by the person from the commission of the offence or any other offence against section 128 which the court has taken into account in imposing any such penalty.

Before making an order under this section, the court may require notice to be given to, and may hear, such persons as the court thinks fit.

For the purpose of making an order under subsection (1)(b), the court may:

treat any interest in property (real or personal) which the found guilty person acquired by means of proceeds derived from the commission of an offence as being, to an extent determined by the court, proceeds so derived; and

treat as proceeds derived by the found guilty person from the commission of an offence the equivalent in money terms of any interest in property (real or personal) so derived.

Without affecting any other right of appeal, an order under subsection (1)(a) in relation to a motor vehicle may be appealed by any person who has an interest in the vehicle:

in the case of a person found guilty of the offence – in the same manner as if the order were, or were part of, an order imposing a penalty in respect of the offence; and

in any other case – in the same manner as if the person had been found guilty of an offence against section 128, and the order were, or were part of, an order imposing a penalty in respect of the offence.

Without affecting any other right of appeal, an order under subsection (1)(b) may be appealed in the same manner as if it were, or were part of, an order imposing a penalty in respect of the offence.

The court to which an appeal is made in respect of an order under subsection (1)(a) may, pending the hearing and determination of the appeal, make such orders as it thinks fit for the custody of the motor vehicle the subject of the order.

On appeal, an order under this section may be confirmed, revoked or varied.

An order under subsection (1)(b) may be enforced as if it were a judgment in a civil matter given by the Supreme Court.

No order may be made under this section with respect to a vehicle sold by a dealer for or on behalf of another person or with respect to the proceeds derived from the sale.