Road Safety Act 1986

A person, other than the driver, who did not appear at the hearing of an application for a forfeiture order and has an interest in the motor vehicle subject to a forfeiture order may apply to the court that made the forfeiture order for an order that—

if ownership of the motor vehicle is vested in the Crown—

ownership of the motor vehicle be transferred to the applicant, if the applicant had, immediately before the forfeiture order was made, full ownership of the motor vehicle; or

where the applicant had part ownership of the motor vehicle, the motor vehicle be sold and the Crown pay to the applicant and any other owner of the motor vehicle an amount commensurate with the value of each owner's interest in the motor vehicle; or

if the motor vehicle has been sold or otherwise disposed of, the Crown pay to the applicant an amount commensurate with the value of the applicant's interest in the motor vehicle.

Leave of the court that made the forfeiture order is required to bring an application if—

the person was served with a notice of the application for a forfeiture order under section 84W(1) or 84Y(1); or

six months or more have elapsed since the date the forfeiture order was made.

The court may only grant leave under subsection (2)(b) if it is satisfied that the delay in making the application was not due to the applicant's neglect.

On an application the court may make an order—

declaring the nature, extent and, if necessary for the order, the value (at the time the declaration is made) of the applicant's interest in the motor vehicle; and

directing the Crown—

if the motor vehicle is vested in the Crown and the applicant has full ownership of the motor vehicle, to transfer ownership of the motor vehicle to the applicant; or

if the motor vehicle is no longer vested in the Crown, or if the applicant does not have full ownership of the motor vehicle, to pay to the applicant the value of the applicant's interest in the motor vehicle.

The court may only make an order under subsection (4) if it is satisfied that—

the applicant would have, apart from the forfeiture order, a relevant interest in the motor vehicle; and

the relevant offence occurred without the knowledge or consent of the applicant.

Any amount to be paid under this section is to be paid out of the proceeds (if any) of the sale of the motor vehicle.