23.3(1)Any person who claims an interest as owner, mortgagee, lienholder or holder of any similar interest in a vehicle forfeited to the Crown under section 23.2 may, within 30 days after the date of forfeiture, apply to a judge of The Court of King’s Bench of New Brunswick for an order under subsection (4).

23.3(2)The judge to whom an application is made under subsection (1) shall fix a day for the hearing that is not more than 20 days after the date of the filing of the application.

23.3(3)The applicant shall serve notice of the application and of the hearing on the Minister at least 10 days before the day fixed for the hearing.

23.3(4)If, on hearing the application, the judge is satisfied on a balance of probabilities that the applicant is innocent of any complicity or collusion in respect of the alleged offence that resulted in the forfeiture, the applicant is entitled to an order declaring that the applicant’s interest is not affected by the forfeiture and declaring the nature and extent of the applicant’s interest.

23.3(5)The applicant or the Minister may appeal an order made under subsection (4), and the procedure governing appeals from orders or judgments of a judge of The Court of King’s Bench of New Brunswick applies.

23.3(6)Subject to subsection (8), on application made to the Minister by any person who has obtained a final order under this section, the Minister shall

23.3(7)An application shall be made under subsection (6) not later than 10 days after a final order is made under this section.

23.3(8)Before the vehicle is returned to the applicant, the expenses relating to its seizure and detention shall be paid by the applicant, unless the applicant is the owner of the vehicle and the vehicle, at the time of the alleged offence leading to its forfeiture, had been taken or was being used without the applicant’s consent.

23.3(9)The applicant may, by action in a court of competent jurisdiction, recover the expenses relating to the seizure and detention of the vehicle under this Act from the person convicted of the offence.

23.3(10)The Minister may sell or otherwise dispose of the vehicle in any manner the Minister considers appropriate if