sec.788Third party protection from forfeiture order

### sec.788 Third party protection from forfeiture order A person, other than the defendant, who did not appear at the hearing of an application for a forfeiture order and has an interest in the motor vehicle forfeited to the State under the order may apply to the relevant court for an order under subsection (6) . Subsection (1) 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. Unless the relevant court gives leave, the application must be made before the end of the period of 6 months starting on the day the forfeiture order was made. The relevant court may give leave for a later application if it is satisfied that the delay in applying was not because of the applicant’s neglect. Unless the relevant court gives leave, a person who was given notice of the application for the forfeiture order can not apply to the court for an order under subsection (6) . On an application, an order may be made— declaring the nature, extent and, if necessary for the order, the value (when the declaration is made) of the applicant’s interest in the motor vehicle; and directing the State— if the motor vehicle is still vested in the State—to transfer the motor vehicle to the applicant; or if the motor vehicle is no longer vested in the State—to pay to the applicant the value of the applicant’s interest in the motor vehicle after taking into account any amount paid to the holder of a registered security interest under section 786 (2) (c) . The relevant court must, and may only, make the order if it is satisfied— the applicant has or, apart from the forfeiture, would have a genuine interest in the motor vehicle; and the relevant evasion offence happened without the knowledge and consent of the applicant. For all applications, including applications for leave to apply— the applicant must give notice of the making of the application to the commissioner; and the party given notice is a party to the application. In this section— defendant means the person found guilty of the evasion offence because of which the forfeiture order was made. relevant court means the relevant court to which the application for the forfeiture order was made. relevant evasion offence means the evasion offence because of which the forfeiture order was made. s 788 ins 2006 No. 26 s 79 (sec.788-ssec.1) A person, other than the defendant, who did not appear at the hearing of an application for a forfeiture order and has an interest in the motor vehicle forfeited to the State under the order may apply to the relevant court for an order under subsection (6) . (sec.788-ssec.2) Subsection (1) 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. (sec.788-ssec.3) Unless the relevant court gives leave, the application must be made before the end of the period of 6 months starting on the day the forfeiture order was made. (sec.788-ssec.4) The relevant court may give leave for a later application if it is satisfied that the delay in applying was not because of the applicant’s neglect. (sec.788-ssec.5) Unless the relevant court gives leave, a person who was given notice of the application for the forfeiture order can not apply to the court for an order under subsection (6) . (sec.788-ssec.6) On an application, an order may be made— declaring the nature, extent and, if necessary for the order, the value (when the declaration is made) of the applicant’s interest in the motor vehicle; and directing the State— if the motor vehicle is still vested in the State—to transfer the motor vehicle to the applicant; or if the motor vehicle is no longer vested in the State—to pay to the applicant the value of the applicant’s interest in the motor vehicle after taking into account any amount paid to the holder of a registered security interest under section 786 (2) (c) . (sec.788-ssec.7) The relevant court must, and may only, make the order if it is satisfied— the applicant has or, apart from the forfeiture, would have a genuine interest in the motor vehicle; and the relevant evasion offence happened without the knowledge and consent of the applicant. (sec.788-ssec.8) For all applications, including applications for leave to apply— the applicant must give notice of the making of the application to the commissioner; and the party given notice is a party to the application. (sec.788-ssec.9) In this section— defendant means the person found guilty of the evasion offence because of which the forfeiture order was made. relevant court means the relevant court to which the application for the forfeiture order was made. relevant evasion offence means the evasion offence because of which the forfeiture order was made. - (a) declaring the nature, extent and, if necessary for the order, the value (when the declaration is made) of the applicant’s interest in the motor vehicle; and - (b) directing the State— (i) if the motor vehicle is still vested in the State—to transfer the motor vehicle to the applicant; or (ii) if the motor vehicle is no longer vested in the State—to pay to the applicant the value of the applicant’s interest in the motor vehicle after taking into account any amount paid to the holder of a registered security interest under section 786 (2) (c) . - (i) if the motor vehicle is still vested in the State—to transfer the motor vehicle to the applicant; or - (ii) if the motor vehicle is no longer vested in the State—to pay to the applicant the value of the applicant’s interest in the motor vehicle after taking into account any amount paid to the holder of a registered security interest under section 786 (2) (c) . - (i) if the motor vehicle is still vested in the State—to transfer the motor vehicle to the applicant; or - (ii) if the motor vehicle is no longer vested in the State—to pay to the applicant the value of the applicant’s interest in the motor vehicle after taking into account any amount paid to the holder of a registered security interest under section 786 (2) (c) . - (a) the applicant has or, apart from the forfeiture, would have a genuine interest in the motor vehicle; and - (b) the relevant evasion offence happened without the knowledge and consent of the applicant. - (a) the applicant must give notice of the making of the application to the commissioner; and - (b) the party given notice is a party to the application.