sec.759Application for forfeiture order for evasion offence

### sec.759 Application for forfeiture order for evasion offence This section applies if— a person is charged with an evasion offence; and the person— has previously been found guilty of 1 evasion offence committed on a previous occasion within the relevant period; or has previously been charged with an evasion offence committed within the relevant period and the charge of that offence has not been decided. A police officer may apply to the relevant court in the approved form for an order that the motor vehicle involved in the offence be forfeited to the State ( forfeiture order ). Subsection (2) applies even though the value of the motor vehicle may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court. s 759 ins 2006 No. 26 s 79 (sec.759-ssec.1) This section applies if— a person is charged with an evasion offence; and the person— has previously been found guilty of 1 evasion offence committed on a previous occasion within the relevant period; or has previously been charged with an evasion offence committed within the relevant period and the charge of that offence has not been decided. (sec.759-ssec.2) A police officer may apply to the relevant court in the approved form for an order that the motor vehicle involved in the offence be forfeited to the State ( forfeiture order ). (sec.759-ssec.3) Subsection (2) applies even though the value of the motor vehicle may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court. - (a) a person is charged with an evasion offence; and - (b) the person— (i) has previously been found guilty of 1 evasion offence committed on a previous occasion within the relevant period; or (ii) has previously been charged with an evasion offence committed within the relevant period and the charge of that offence has not been decided. - (i) has previously been found guilty of 1 evasion offence committed on a previous occasion within the relevant period; or - (ii) has previously been charged with an evasion offence committed within the relevant period and the charge of that offence has not been decided. - (i) has previously been found guilty of 1 evasion offence committed on a previous occasion within the relevant period; or - (ii) has previously been charged with an evasion offence committed within the relevant period and the charge of that offence has not been decided.