sec.766Consideration of application for forfeiture order

### sec.766 Consideration of application for forfeiture order On the hearing of an application for a forfeiture order for an evasion offence, the relevant court may order that the motor vehicle be forfeited to the State or impounded for the period, of not more than 3 months, fixed by the court if the person to whom the application relates has been found guilty of 2 evasion offences committed within the prescribed period. If— under subsection (1) , the relevant court orders the impounding of the motor vehicle to which the application relates; and a relevant court has previously made an impounding order under section 765 for an evasion offence committed within the relevant period and forming the basis of the application; the motor vehicle is impounded under subsection (1) for the evasion offence giving rise to the application for the forfeiture order and not for the evasion offence to which the impounding order under section 765 relates. Despite subsection (1) , the relevant court may make an order under section 767 for the performance by the person to whom the application relates of community service as decided by the court. On the making of a forfeiture order for a motor vehicle— the 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. s 766 ins 2006 No. 26 s 79 amd 2010 No. 44 s 195 (sec.766-ssec.1) On the hearing of an application for a forfeiture order for an evasion offence, the relevant court may order that the motor vehicle be forfeited to the State or impounded for the period, of not more than 3 months, fixed by the court if the person to whom the application relates has been found guilty of 2 evasion offences committed within the prescribed period. (sec.766-ssec.2) If— under subsection (1) , the relevant court orders the impounding of the motor vehicle to which the application relates; and a relevant court has previously made an impounding order under section 765 for an evasion offence committed within the relevant period and forming the basis of the application; the motor vehicle is impounded under subsection (1) for the evasion offence giving rise to the application for the forfeiture order and not for the evasion offence to which the impounding order under section 765 relates. (sec.766-ssec.3) Despite subsection (1) , the relevant court may make an order under section 767 for the performance by the person to whom the application relates of community service as decided by the court. (sec.766-ssec.4) On the making of a forfeiture order for a motor vehicle— the 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. - (a) under subsection (1) , the relevant court orders the impounding of the motor vehicle to which the application relates; and - (b) a relevant court has previously made an impounding order under section 765 for an evasion offence committed within the relevant period and forming the basis of the application; - (a) the 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.