278Order of forfeiture

278 Order of forfeiture (1) After hearing an application under section 275, the Local Court may: (a) order that a vehicle, vessel or aircraft seized under this Act be forfeited to the Territory; (b) order that a vehicle, vessel or aircraft be seized and forfeited to the Territory; (c) order that a vehicle, vessel or aircraft seized under this Act be released; (d) order that a vehicle, vessel or aircraft seized under this Act be held for a specified period and then released. (2) The Local Court must not order that a vehicle, vessel or aircraft be forfeited unless satisfied that: (a) the vehicle, vessel or aircraft was used in the commission of a forfeiture offence; and (b) the quantity of liquor involved in the forfeiture offence exceeded 10 standard drinks; and (c) it is appropriate in the circumstances to do so. (3) Subsection (2)(b) does not apply if the Local Court is making the order in accordance with section 99A of the Sentencing Act 1995.

Liquor Act 2019 152 (4) Before making an order under this section, the Local Court must consider the following: (a) the presumption in section 277; (b) the approximate value of the vehicle, vessel or aircraft; (c) whether forfeiture is a proportionate response to the offence given the value of the vehicle, vessel or aircraft and the nature of the forfeiture offence; (d) the hardship that forfeiture is likely to cause to any person; (e) the role of the vehicle, vessel or aircraft in the community and the effect that forfeiture is likely to have on the community; (f) whether the forfeiture offence was engaged in for the purpose of financial benefit; (g) the extent to which an owner of the vehicle, vessel or aircraft was unaware of the forfeiture offence or not reasonably able to prevent the forfeiture offence; (h) the need for general or specific deterrence of the forfeiture offence, and the extent to which forfeiture would assist with deterrence.