Road Safety Act 1986

If the driver of a motor vehicle used in the commission of a relevant offence is not the registered operator of that motor vehicle, the Chief Commissioner of Police may apply to the relevant court for an order that another motor vehicle, for which the driver is the registered operator, be subject to an impoundment or immobilisation order or a forfeiture order.

An application made under subsection (1) must—

be made in conjunction with an application under section 84U(1); and

specify the motor vehicle that was used in the commission of the relevant offence; and

specify the motor vehicle that is sought to be substituted for the motor vehicle used in the commission of the relevant offence.

The relevant court may make an order for the substitution of a motor vehicle if the court is satisfied that—

the driver is not the registered operator of the motor vehicle used in the commission of the relevant offence; and

the driver is the registered operator of the motor vehicle sought to be substituted; and

a substitution order would not cause undue hardship to any person.