Police Offences Act 1935

In this section – evasion offence has the same meaning as in section 37QA; affected vehicle means a vehicle to which section 37QA(3) applies.

A police officer may apply to the Court for an affected vehicle to be forfeited to the Crown if – the driver of the affected vehicle at the time of the evasion offence has not been identified; and a period of 6 months has elapsed since the vehicle was clamped or confiscated under section 37QA.

If the Court is satisfied that the driver of the affected vehicle at the time of the evasion offence has not been identified, the Court may make an order forfeiting the affected vehicle to the Crown.

If the Court makes an order under subsection (4) – the affected vehicle becomes the property of the Crown; and any right of a person to enforce a charge or other security interest registered under the Personal Property Securities Act 2009 of the Commonwealth against a person other than the State, by taking possession of the affected vehicle, is extinguished.

An order under subsection (4) may be applied for even though the value of the affected vehicle may be more than the monetary jurisdiction of the Court.

Before an application for an order under subsection (4) has been determined, the owner or registered operator of the relevant affected vehicle may make a submission to the Court in respect of the application that the vehicle should not be forfeited under the order as the owner or registered operator has provided all such information that he or she has as to the whereabouts of the driver of the affected vehicle at the time of the evasion offence.

When determining an application for an order under subsection (4), the Court is to take into account all submissions made under subsection (6) in respect of the application.

Subdivisions 3, 4 and 5 do not apply in respect of a vehicle forfeited to the Crown by virtue of this section.