37YApplication for forfeiture of vehicles

### 37Y Application for forfeiture of vehicles > [*\[Section 37Y Substituted by No. 62 of 2009, s. 19, Applied:11 Dec 2009\]*](/view/html/inforce/2009-12-11/act-2009-062#GS19@EN) > > > (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](#GS37N@EN) and, by virtue of the circumstances, [section 37Q](#GS37Q@EN) applies to the clamping or confiscation; and > > > > > > > (c) the offending driver has been convicted of the prescribed offence. > > > (2)  [*\[Section 37Y Subsection (2) substituted by No. 15 of 2014, s. 35, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS35@EN) 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)  [*\[Section 37Y Subsection (3) substituted by No. 15 of 2014, s. 35, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS35@EN) 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)](#GS37Y@Gs1@Hpc@EN) , 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) [*\[Section 37Y Subsection (4) amended by No. 2 of 2011, Sched. 1, Applied:30 Jan 2012\]*](/view/html/inforce/2012-01-30/act-2011-002#JS1@Ja8@GC1@EN) any right of a person to enforce a charge or other security interest registered under the *Personal Property Securities Act 2009* of the Commonwealth against a person other than the State by taking possession of the vehicle is extinguished. > > > (5)  The forfeiture order may be applied for and made even though the value of the vehicle may be more than the monetary jurisdiction of the Court. > > > (6)  At any time before the application for the forfeiture order is heard and determined, the offending driver or the owner or registered operator of the vehicle (or any of those persons jointly) may apply to the Court for the unclamping or return of the vehicle. > > > (7)  The Court may, if satisfied on an application under [subsection (6)](#GS37Y@Gs6@EN) that the clamping or confiscation of the vehicle is causing severe hardship to a person, order that the vehicle be unclamped or returned to its owner or registered operator until the application for the forfeiture order is heard and determined. > > > (8)  The Court may, on making an order under [subsection (7)](#GS37Y@Gs7@EN) , impose such conditions on the use of the vehicle as it considers appropriate. > > > (9)  If under [subsection (7)](#GS37Y@Gs7@EN) the Court orders the return or unclamping of the vehicle – > > > > > > (a) its owner must not sell or otherwise dispose of it, or substantially alter it, before the application for the forfeiture order has been determined or withdrawn; and > > > > > > > (b) its registered operator must not sell or otherwise dispose of it, or substantially alter it, before the application for the forfeiture order has been determined or withdrawn. > > > > Penalty:  Fine not exceeding 40 penalty units.