Liquor Act 2019
275Police application for forfeiture of vehicle, vessel or aircraft
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275 Police application for forfeiture of vehicle, vessel or aircraft (1) Subject to section 274, a police officer may apply to the Local Court for an order under this Division for the forfeiture of a vehicle, a vessel or an aircraft if: (a) the vehicle, vessel or aircraft was used in the commission of a forfeiture offence; and (b) the officer believes on reasonable grounds that the quantity of liquor involved in the forfeiture offence exceeds 10 standard drinks. (2) To avoid doubt, an application may be made under this Division even if the vehicle, vessel or aircraft was not seized under this Act. (3) If a person is charged with an offence against this Act in relation to the vehicle, vessel or aircraft, no application may be made or continued under this Division unless: (a) all proceedings for all offences against this Act in relation to the vehicle, vessel or aircraft have ended; and (b) no person is found guilty of any of those offences. (4) The application must be lodged with the Local Court as follows: (a) if no person is charged with an offence against this Act in relation to the vehicle, vessel or aircraft – within 28 days after the offence was alleged to have been committed; (b) in the circumstances specified in subsection (3) – within 7 days after the day the last of the proceedings ended.
Liquor Act 2019 150 (5) The application must be in the form prescribed by regulation, if any, and state clearly the particulars of the following: (a) the forfeiture offence in respect of which the vehicle, vessel or aircraft was seized; (b) the vehicle, vessel or aircraft. (6) The police officer making the application must take reasonable efforts to: (a) identify any person who owns or has an interest in the vehicle, vessel or aircraft; and (b) serve a copy of the application on any persons so identified and located.