(1) An application for an impoundment or immobilisation order or a forfeiture order may be made by the Chief Commissioner of Police to the relevant court if the Chief Commissioner believes on reasonable grounds that—
(a) if the motor vehicle is not a substituted motor vehicle, it was—
(i) used in the commission of the relevant offence; and
(ii) at the time the relevant offence was committed the motor vehicle was not stolen, hired or used in prescribed circumstances; and
S. 84U(1)(b) amended by Nos 76/2010 s. 19(1), 32/2011 s. 12(3), 68/2017 s. 35(1).
(b) the driver has been found
guilty of a previous relevant offence or offences (as the case
requires) committed within the period of 6 years before the
commission of the relevant offence.
S. 84U(1A) inserted by No. 76/2010 s. 19(2), repealed by No. 68/2017 s. 35(2).
* * * * *
S. 84U(2) amended by No. 68/2009 s. 97(Sch. item 106.18).
(2) An application under subsection (1) may be made at any time after a charge-sheet charging a relevant offence is filed, but may not be made later than 28 days after the driver is sentenced for a relevant offence.
S. 84V inserted by No. 93/2005 s. 4.