37YApplication for forfeiture of vehicles

37Y Application for forfeiture of vehicles

[Section 37Y Substituted by No. 62 of 2009, s. 19, Applied:11 Dec 2009]

(1)  This section applies if –

(a) a person ("offending driver") has been found offending in respect of a prescribed offence by a police officer; and

(b) the vehicle used in connection with the prescribed offence has been clamped or confiscated pursuant to section 37N and, by virtue of the circumstances, section 37Q applies to the clamping or confiscation; and

(c) the offending driver has been convicted of the prescribed offence.

(2)  [Section 37Y Subsection (2) substituted by No. 15 of 2014, s. 35, Applied:19 Dec 2014] A police officer or any person prosecuting or who prosecuted a complaint in respect of a prescribed offence may, on the date of the conviction or at any time during the 14-day period immediately following the date of the conviction, apply to the Court –

(a) for a forfeiture order in respect of the vehicle; or

(b) for the imposition of a monetary penalty not exceeding 100 penalty units on the offending driver.

(3)  [Section 37Y Subsection (3) substituted by No. 15 of 2014, s. 35, Applied:19 Dec 2014] If the Court is satisfied that the offending driver has been convicted of a prescribed offence on 3 or more occasions, inclusive of the conviction referred to in subsection (1)(c) , the Court may –

(a) make the forfeiture order; or

(b) impose a monetary penalty not exceeding 100 penalty units on the offending driver.

(4)  If the Court makes the forfeiture order –

(a) the vehicle becomes the property of the Crown; and

(b) any right of a person to enforce a charge or other security interest registered under the of the Commonwealth against a person other than the State by taking possession of the vehicle is extinguished.