SUMMARY OFFENCES (PRESCRIBED MOTOR VEHICLES) AMENDMENT BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 5, page 3, after line 8 [clause 5, inserted section 55]—

After subsection (3) insert:

(3a) It is a defence to a charge of an offence against subsection (2) to prove that—

(a) the vehicle was not driven or left standing on the road by the defendant; and

(b) the defendant did not consent to the vehicle being driven, or left standing, in contravention of this section; and

(c) the defendant had taken reasonable steps to ensure that any person lawfully entitled to use the vehicle was aware that the defendant did not consent to the vehicle being driven, or left standing, in contravention of this section.

No. 2. Clause 5, page 3, lines 13 to 35 [clause 5, inserted section 55(5), (6) and (7)]—

Delete inserted subsections (5), (6) and (7) and substitute:

(5) If a person has been charged with an offence against this section relating to a motor vehicle, a police officer may seize and retain the motor vehicle until proceedings relating to the offence are finalised.

(6) Subject to this section, if a person is convicted by a court of an offence against this section, the court must, on the application of the prosecution, order that the motor vehicle the subject of the offence is forfeited to the Crown.

(6a) A motor vehicle forfeited to the Crown under subsection (6) may be dealt with in accordance with section 20 of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 as if it had been forfeited by order of a court under that Act.

(6b) Notice of an application for an order under subsection (6) relating to a motor vehicle must be given to—

(a) if the prosecution is aware of any person (other than the defendant) who claims ownership of the motor vehicle—that person; and

(b) if the prosecution is aware that any other person is likely to suffer financial or physical hardship as a result of the making of an order under subsection (6)—that person; and

(c) each holder of a registered security interest in respect of the motor vehicle under the Goods Securities Act 1986.

(6c) A court hearing an application for an order under subsection (6) relating to a motor vehicle—

(a) must, if a person given notice of the application under subsection (6b) so requests, hear representations from the person in relation to the application; and

(b) may, at the request of any other person who is likely to be affected by the making of the order, hear representations from that person in relation to the application.

(6d) A court making an order under subsection (6) may make any consequential or ancillary order or direction that it considers necessary or expedient in the circumstances of the case.

(6e) A court may decline to make an order for forfeiture under subsection (6) if satisfied that—

(a) the making of the order would cause severe financial or physical hardship to a person; or

(b) the offence occurred without the knowledge or consent of any person who was an owner of the motor vehicle at the time of the offence; or

(c) the making of the order would significantly prejudice the rights of a credit provider; or

(d) the motor vehicle the subject of the application has, since the date of the offence, been sold to a genuine purchaser or otherwise disposed of to a person who did not, at the time of the sale or disposal, know or have reason to suspect that the motor vehicle might be the subject of proceedings under this section.

(6f) If—

(a) a court declines to make an order for forfeiture under subsection (6); and

(b) the court is satisfied that it would be reasonably practicable for the convicted person to instead perform community service,

the court must order the convicted person to perform not more than 240 hours of community service.

(6g) An order to perform community service under subsection (6f) must be dealt with and enforced as if it were a sentence of community service (and in any enforcement proceedings the court may exercise any power that it could exercise in relation to a sentence of community service).

No. 3. Clause 5, page 4, lines 1 to 3 [clause 5, inserted section 55(8)(c)]—

Delete paragraph (c)

At 18:00 the house adjourned until Tuesday 5 April 2011 at 11:00.