Police Offences Act 1935

A person, other than the defendant, who did not appear at the hearing of an application for forfeiture and has an interest in the relevant vehicle may apply to the Court for an order under subsection (5).

Unless the Court gives leave, the application must be made within 6 months after the day on which the forfeiture order was made.

Unless the Court gives leave, a person who was given notice of the application for forfeiture may not apply to the Court for an order under subsection (5).

The Court may give leave for a later application if it is satisfied that the delay in applying was not due to the applicant's neglect.

On an application, an order may be made – declaring the nature, extent and, if necessary for the order, the value (when the declaration is made) of the applicant's interest in the vehicle; and directing the Crown – if the vehicle is still vested in the Crown, to transfer the vehicle to the applicant; or if the vehicle is no longer vested in the Crown, to pay to the applicant the value of the applicant's interest in the vehicle after taking into account any amount paid to the holder of a registered security interest under section 37ZL(1)(c).

The Court must, and may only, make the order if it is satisfied that – the applicant has or, but for the forfeiture, would have had a lawful interest in the vehicle; and the relevant prescribed offence happened without the knowledge or consent of the applicant.

For the purposes of an application under this Division, including an application for leave to apply – the applicant must give notice of the making of the application to the Commissioner; and the party given notice is to be a party to the application.

In this section – defendant means the person convicted of the prescribed offence in respect of which the forfeiture order was made; relevant prescribed offence means the prescribed offence in respect of which the forfeiture order was made.