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POLICE POWERS AND RESPONSIBILITIES AND OTHER LEGISLATION AMENDMENT ACT 2006 No. 57 - SECT 23

23 Insertion of new s 92A

After section 92--

insert--

'(1) This section applies if--

(a) an application is made to a relevant court under section 90A for a forfeiture order in relation to a motor vehicle impounded for a type 2 vehicle related offence; and
(b) any proceeding on a charge of a type 2 vehicle related offence or offences in relation to which the application is made has not been decided.

'(2) If the driver of the motor vehicle has not been found guilty of type 2 vehicle related offences in relation to offences committed on 4 occasions within the prescribed period, the court must adjourn the application until the driver is found guilty of charges in relation to type 2 vehicle related offences committed on at least 4 occasions within the prescribed period.

'(3) However, if the application relates to at least 1 type 2 vehicle related offence of which the driver has been found guilty, the court may, if satisfied on application that the motor vehicle should be impounded to stop the commission of another type 2 vehicle related offence, order that the motor vehicle be impounded for a further period of not more than 3 months.'.



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