Traffic Act 1987

(1) This section applies after a court finds the offender guilty of a subsequent offence.

(2) Before the offender is sentenced for the subsequent offence, the Commissioner of Police may apply to the court for an order (a forfeiture order) to forfeit the motor vehicle used in committing the offence.

(3) However, the Commissioner of Police may not do so if, at the time of the subsequent offence, the motor vehicle was a rental vehicle, or was stolen or otherwise used without the permission of its owner.

(4) The court may make the forfeiture order only if the court is satisfied:

(a) each person with an interest in the motor vehicle had the opportunity to be heard in the proceedings for the application; and

(b) forfeiting the vehicle will not cause severe financial or physical hardship to a person mentioned in paragraph (a) who was heard in the proceedings.

(5) The court must not make the forfeiture order if the court is satisfied:

(a) the offender was not the owner of the motor vehicle at the time of the subsequent offence; and

(b) the subsequent offence happened without the knowledge and consent of the owner of the vehicle.

(6) The forfeiture order takes effect as specified in the order at the earlier of the following:

(a) the expiration of the period for instituting an appeal in relation to the offence or sentence if no appeal is instituted;

(b) the end of the proceedings for an appeal by the offender if the appeal is unsuccessful.

(b) any rights in the vehicle existing before the forfeiture are extinguished.

(8) Instead of making a forfeiture order, the court may make an order (an impounding order) to impound the vehicle for a specified period (the initial period) that is at least 3 months and not more than 6 months, if the court:

(a) would, apart from subsection (4)(b), make the forfeiture order; and

(b) is satisfied that impounding the vehicle for the initial period will remove or reduce the hardship as mentioned in that subsection.

(9) The court may make the impounding order on its own initiative or on the application of the Commissioner of Police, and whether or not the motor vehicle was previously impounded under section 29AD because of the subsequent offence.

(10) The impounding order must specify the storage place and may specify other matters relating to impounding the vehicle as the court decides.