sec.74BForfeiture of motor vehicles if driver found guilty of second or subsequent type 1 vehicle related offence

### sec.74B Forfeiture of motor vehicles if driver found guilty of second or subsequent type 1 vehicle related offence This section applies in relation to a motor vehicle impounded under section 74A if the driver of the motor vehicle— has been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period; and is found guilty of a second or subsequent type 1 vehicle related offence mentioned in section 74A (1) . On the driver being found guilty— the motor vehicle becomes the property of the State; and any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the vehicle is extinguished. This section applies subject to division 2 . Under division 2 the commissioner may grant an application for the release of an impounded or immobilised motor vehicle. However, subsection (5) applies if— before the driver of the motor vehicle is found guilty of the offence mentioned in subsection (1) (b) , the motor vehicle is released under section 79D , 79F or 79H with a condition; and the motor vehicle is later impounded or immobilised under section 79P because of a breach of the condition. Subsection (2) applies in relation to the motor vehicle as if the motor vehicle had not been released under section 79D , 79F or 79H . s 74B ins 2013 No. 15 s 15 (sec.74B-ssec.1) This section applies in relation to a motor vehicle impounded under section 74A if the driver of the motor vehicle— has been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period; and is found guilty of a second or subsequent type 1 vehicle related offence mentioned in section 74A (1) . (sec.74B-ssec.2) On the driver being found guilty— the motor vehicle becomes the property of the State; and any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the vehicle is extinguished. (sec.74B-ssec.3) This section applies subject to division 2 . Under division 2 the commissioner may grant an application for the release of an impounded or immobilised motor vehicle. (sec.74B-ssec.4) However, subsection (5) applies if— before the driver of the motor vehicle is found guilty of the offence mentioned in subsection (1) (b) , the motor vehicle is released under section 79D , 79F or 79H with a condition; and the motor vehicle is later impounded or immobilised under section 79P because of a breach of the condition. (sec.74B-ssec.5) Subsection (2) applies in relation to the motor vehicle as if the motor vehicle had not been released under section 79D , 79F or 79H . - (a) has been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period; and - (b) is found guilty of a second or subsequent type 1 vehicle related offence mentioned in section 74A (1) . - (a) the motor vehicle becomes the property of the State; and - (b) any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the vehicle is extinguished. - (a) before the driver of the motor vehicle is found guilty of the offence mentioned in subsection (1) (b) , the motor vehicle is released under section 79D , 79F or 79H with a condition; and - (b) the motor vehicle is later impounded or immobilised under section 79P because of a breach of the condition.