Where a second (or subsequent) offence occurs under s.49(1)(a), s.49(3) (a), (b) or (c), s.60, s.62A, s.77(1)(a) and s.78A the Commissioner of Police may make an application for an order to; extend the impoundment period or confiscate a vehicle as a result of an qualifying offence being committed or confiscate a substitute vehicle nominated by the Commissioner.
Such an application may be heard as part of the proceedings in which the person is convicted of the offence or subsequent proceedings commenced no later than 3 months after those proceedings.
Sufficient notice must be given of the intention to make an application for an order in respect to a particular vehicle i.e. at least 14 days before the application is made to; the driver, responsible person or any person who may have an interest in the vehicle. 14 days’ notice of the application should also be published in a newspaper having state-wide circulation.
Before a court makes an order a reasonable opportunity should be given to the persons to show cause why such an order should not be given and to whether the offence was committed with the consent of a person who has an interest in the vehicle or whether the order will cause severe financial or physical hardship to that person or the usual driver of the vehicle.
If notice is given a person may not dispose of any interest in the vehicle, do anything or permits anything that results in a reduction of the vehicles value.