Queensland Numbered Acts

POLICE POWERS AND RESPONSIBILITIES (MOTOR VEHICLE IMPOUNDMENT) AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 15 - SECT 75

(1) Section 123, heading, 'from forfeiture order'—

omit, insert—

'relating to forfeiture'.

(2) Section 123(1)—

omit, insert—

'(1) This section applies in relation to—

(a) a person, other than the defendant, who has an interest in a motor vehicle forfeited to the State under part 2, division 1 or 1A; or

(b) 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.

'(1A) The person may apply to the determining court for an order under subsection (6).'.

(3) Section 123(2), 'Subsection (1)'—

omit, insert—

'Subsection (1A)'.

(4) Section 123(3)—

omit, insert—

'(3) Unless the determining court gives leave, the application must be made—

(a) for forfeiture under part 2, division 1 or 1A—before the end of the period of 6 months starting on the day the motor vehicle became the property of the State; or

(b) for a forfeiture order—before the end of the period of 6 months starting on the day the forfeiture order was made.'.

(5) Section 123(9)—

omit, insert—

'(9) In this section—

defendant means the person found guilty of the prescribed offence because of which the forfeiture under part 2, division 1 or 1A happened or the forfeiture order was made.

determining court means—

(a) for forfeiture under part 2, division 1 or 1A—the Magistrates Court for the Magistrates Court district, or division of the district, in which the motor vehicle was impounded for the prescribed offence; or

(b) for a forfeiture order—the relevant court to which the application for the order was made.

relevant prescribed offence means the prescribed offence because of which the forfeiture under part 2, division 1 or 1A happened or the forfeiture order was made.'.