Clause 43

by inserting, immediately after the words “an enforcement officer” wherever they appear in subsection (1A), the words “or outsourced enforcement officer”;

by deleting the words “or enforcement officer” wherever they appear in subsections (2) and (3)(b) and substituting in each case the words “, enforcement officer or outsourced enforcement officer”;

by inserting, immediately after the words “to the owner of the vehicle” in subsection (2), the words “(if known)”;

by inserting, immediately after subsection (5), the following subsections:“(5A) Subject to this section, every vehicle that is removed to a place of safety or any other place under subsection (1A)(a) or (b) is liable to forfeiture under this section.(5B) An order for the forfeiture under this section may be made by the Authority if it is satisfied —

for a vehicle which is removed to a place of safety or any other place under subsection (1A)(a), that at the end of 30 days after the date of the removal, no claim to the vehicle is made in the prescribed manner to the Authority before the end of that period and there is no prosecution with regard to any offence involving that vehicle; and

for a vehicle which is removed to a place of safety or any other place under subsection (1A)(b), that the vehicle was the subject matter, or was used in the commission, of an offence under section 8C or any regulations made under section 8S, and —

a person is convicted of the offence;

a person who is reasonably suspected of having committed the offence has that offence compounded under section 12; or

at the end of 30 days after the date of the removal, no claim to the vehicle is made in the prescribed manner to the Authority before the end of that period and there is no prosecution with regard to that offence.(5C) Upon receipt of a claim mentioned in subsection (5B)(a) or (b)(iii), the Authority may direct that the vehicle be released or may refer the matter by information to a Magistrate.(5D) The Magistrate must, on receipt of any information under subsection (5C), or on the written application of the Public Prosecutor, hold an inquiry and proceed to determine the matter and must, on proof that the vehicle was used in the commission of an offence under section 8C or any regulations made under section 8S, order the vehicle to be forfeited, or may in the absence of such proof order its release.(5E) In any proceedings under subsection (5D), the burden of proof lies on the person asserting that the person is the owner of the vehicle concerned, and on the person from whom the vehicle was seized, as the case may be.(5F) In any proceedings in any court in respect of the forfeiture of any vehicle removed in exercise or the purported exercise of any power conferred under subsection (1A)(a) or (b), no person is entitled to the costs of such proceedings or to any damages or other relief except an order for the return of the vehicle, unless the removal was made without reasonable or probable cause.”;

by inserting, immediately after the words “with this section is not” in subsection (6), the words “earlier forfeited under this section and is not”; and

by deleting the words “and, in relation to a vehicle moved under subsection (1A)” in the definition of “authorised officer” in subsection (9).