84TForfeiture order

84T Forfeiture order S. 84T(1) substituted by No. 76/2010 s. 17(1), amended by No. 32/2011 s. 12(2), substituted by No. 68/2017 s. 34. (1) On the application of the Chief Commissioner of Police under section 84U(1), if a driver is found guilty of a relevant offence and within the period of 6 years immediately preceding the commission of that offence the driver has committed 2 or more other relevant offences, the relevant court may order, subject to section 84Z, that the motor vehicle used in the commission of the relevant offence before the court or a substituted motor vehicle be forfeited to the Crown. S. 84T(1A) inserted by No. 76/2010 s. 17(1). (1A) If the relevant court is satisfied of the matters referred to in subsection (1) but declines to make an order under that subsection, the court must order, subject to section 84Z, that the motor vehicle used in the commission of the relevant offence or a substituted motor vehicle be impounded or immobilised by order under section 84S(1). 1 Section 84Z allows a court to decline to make an impoundment or immobilisation order or a forfeiture order in certain circumstances. 2 An application under section 84ZG for a search and seizure warrant may be heard and determined immediately after an application under section 84U(1) if a forfeiture order or impoundment or immobilisation order is made. S. 84T(2) amended by No. 68/2009 s. 97(Sch. item 106.17), substituted by No. 76/2010 s. 17(2). (2) An order under subsection (1) or in accordance with (1A) may only be made if the relevant court is satisfied that, if the application is in respect of the motor vehicle used in the commission of the relevant offence, at the time that offence was committed that motor vehicle was not— (a) a stolen motor vehicle; or (b) a hired motor vehicle; or (c) being used in any prescribed circumstances. S. 84T(3) amended by Nos 28/2009 s. 36(1), 50/2012 s. 14, 37/2014 s. 10(Sch. item 147.41). (3) An order made under subsection (1) must specify the time and place at which the registered operator of the motor vehicle is required to surrender the motor vehicle to a member of Victoria Police personnel or an authorised person. S. 84T(4) inserted by No. 28/2009 s. 36(2). (4) The registered operator of the motor vehicle must not, without reasonable excuse, fail to surrender the motor vehicle at the time and place specified in the order made under subsection (1). S. 84TA inserted by No. 32/2011 s. 13. 84TA Application to register financing statement after impoundment or immobilisation order or forfeiture order (1) As soon as practicable after an impoundment or immobilisation order under section 84S or a forfeiture order under section 84T is made, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle that is the subject of the order. S. 84TA(2) amended by No. 49/2019 s. 116(Sch. 1 item 180). (2) The Secretary may apply to register a financing statement or a financing change statement under subsection (1) on behalf of the Chief Commissioner of Police. S. 84U inserted by No. 93/2005 s. 4.