sec.764When application to be heard

### sec.764 When application to be heard An application for an impounding order in relation to an evasion offence must be heard and decided as soon as possible after the person to whom the application relates is found guilty of 1 evasion offence. An application for a forfeiture order in relation to an evasion offence must be heard and decided as soon as possible after the person to whom the application relates has been found guilty of 2 evasion offences committed within the prescribed period. However, if, after an application for a forfeiture order is made— the person to whom the application relates is found not guilty of 1 of the evasion offences or the proceeding for 1 of the offences is discontinued; and no motor vehicle has previously been impounded for an evasion offence on an application made in relation to that person for an offence to which the application for the forfeiture order relates; the relevant court may hear and decide the application for the forfeiture order as if it were an application for an impounding order. An application for a forfeiture order to which subsection (3) applies is taken, for divisions 2 and 3 , to be an application for an impounding order. s 764 ins 2006 No. 26 s 79 (sec.764-ssec.1) An application for an impounding order in relation to an evasion offence must be heard and decided as soon as possible after the person to whom the application relates is found guilty of 1 evasion offence. (sec.764-ssec.2) An application for a forfeiture order in relation to an evasion offence must be heard and decided as soon as possible after the person to whom the application relates has been found guilty of 2 evasion offences committed within the prescribed period. (sec.764-ssec.3) However, if, after an application for a forfeiture order is made— the person to whom the application relates is found not guilty of 1 of the evasion offences or the proceeding for 1 of the offences is discontinued; and no motor vehicle has previously been impounded for an evasion offence on an application made in relation to that person for an offence to which the application for the forfeiture order relates; the relevant court may hear and decide the application for the forfeiture order as if it were an application for an impounding order. (sec.764-ssec.4) An application for a forfeiture order to which subsection (3) applies is taken, for divisions 2 and 3 , to be an application for an impounding order. - (a) the person to whom the application relates is found not guilty of 1 of the evasion offences or the proceeding for 1 of the offences is discontinued; and - (b) no motor vehicle has previously been impounded for an evasion offence on an application made in relation to that person for an offence to which the application for the forfeiture order relates;