New South Wales Consolidated Acts

MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 123

123 Forfeiture of motor vehicles and proceeds by unlicensed motor dealers and motor vehicle recyclers

(1) A court that convicts a person of an offence under section 11 or 13 may, in addition to any other penalty it may impose, make one or more of the following orders--

(a) an order that any specified motor vehicle to which the offence relates is forfeited to the Crown,

(b) an order that the person pay to the Crown an amount, as assessed by the court, equal to the proceeds derived by the person from the commission of the offence or any other offence to which this section applies and which the court has taken into account in imposing any such penalty.

(2) Before making a forfeiture order or a proceeds order, the court may require notice to be given to, and may hear, such persons as the court thinks fit.

(3) For the purposes of making a proceeds order against a person, the court may--

(a) take into account such matters as the court thinks fit, and

(b) to the extent specified by the court--treat any interest in real or personal property acquired by the person by means of proceeds derived by the person from the commission of an offence as proceeds derived by the person from the commission of the offence, and

(c) treat the equivalent, in monetary value, of any interest in real or personal property derived by the person from the commission of an offence as proceeds derived by that person from the commission of the offence.

(4) An amount payable under a proceeds order is to be paid to the Compensation Fund.

(5) The amount payable under a proceeds order may, by leave of the court by which it was made, and regardless of the amount ordered to be paid, be recovered as a judgment debt in that court.