New South Wales Consolidated Acts

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ROAD TRANSPORT ACT 2013 - SECT 245

Forfeiture of vehicles on finding of guilt of offending operator

245 Forfeiture of vehicles on finding of guilt of offending operator

(cf Gen Act, s 219)

(1) A motor vehicle used in connection with a sanctionable offence that is a second or subsequent offence by the offending operator under the provision concerned within a 5-year period is, by the finding of guilt by the court, forfeited to the Crown unless already forfeited under section 243 or the court otherwise directs under section 246.
Note : A forfeited motor vehicle may be crash tested--see section 252(6).
(2) A motor vehicle used in connection with an offence against section 244 (a
"number-plate offence" ) is, by the finding of guilt by the court, forfeited to the Crown unless already forfeited under section 243 or the court otherwise directs under section 246.
Note : A forfeited motor vehicle may be crash tested--see section 252(6).
(3) Any forfeiture under this section is in addition to any other penalty that may be imposed for the offence concerned, but for the purposes of any rights of appeal against a penalty so imposed by the court finding the offence to be proven, the forfeiture is taken to be, or to be part of, that penalty.
(4) For the purposes of this section, payment of the amount specified in a penalty notice issued in respect of a sanctionable offence or a number-plate offence, or in any process issued subsequent to such a penalty notice, as the amount that is payable in order to dispose of the alleged offence without having it dealt with by a court has the same effect as a finding by a court that the offence was proven.



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