sec.101Consideration of application for forfeiture order

### sec.101 Consideration of application for forfeiture order On the hearing of an application for a forfeiture order for a motorbike noise order offence, the relevant court may order that the motorbike be forfeited to the State or impounded for the period, of not more than 3 months, fixed by the court if the driver of the motorbike has been found guilty of a motorbike noise order offence committed on 2 occasions within the prescribed period. If— under subsection (1) , the relevant court orders the impounding of the motorbike to which the application relates; and a relevant court has previously made an impounding order under section 100 for a motorbike noise order offence committed within the relevant period and forming the basis of the application; the motorbike is impounded under subsection (1) for the motorbike noise order offence giving rise to the application for the forfeiture order and not for the motorbike noise order offence to which the impounding order under section 100 relates. Also, if the driver of the motorbike was a child when the last offence was committed, the relevant court must consider whether to make a costs order under section 103 . Despite subsection (1) , the relevant court may— make an order under section 102 for the performance by the driver of the motorbike of community service as decided by the court; and order that the motorbike be released to the owner. Also, if an owner of the motorbike raises the defence mentioned in section 107 and the relevant court is satisfied the defence has been made out, the court may order that the motorbike be released to the owner. On the making of a forfeiture order for a motorbike— the motorbike becomes the property of the State; and any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the motorbike is extinguished. s 101 ins 2005 No. 64 s 7 amd 2006 No. 26 s 21 ; 2006 No. 57 s 32 ; 2010 No. 44 s 190 (sec.101-ssec.1) On the hearing of an application for a forfeiture order for a motorbike noise order offence, the relevant court may order that the motorbike be forfeited to the State or impounded for the period, of not more than 3 months, fixed by the court if the driver of the motorbike has been found guilty of a motorbike noise order offence committed on 2 occasions within the prescribed period. (sec.101-ssec.2) If— under subsection (1) , the relevant court orders the impounding of the motorbike to which the application relates; and a relevant court has previously made an impounding order under section 100 for a motorbike noise order offence committed within the relevant period and forming the basis of the application; the motorbike is impounded under subsection (1) for the motorbike noise order offence giving rise to the application for the forfeiture order and not for the motorbike noise order offence to which the impounding order under section 100 relates. (sec.101-ssec.3) Also, if the driver of the motorbike was a child when the last offence was committed, the relevant court must consider whether to make a costs order under section 103 . (sec.101-ssec.4) Despite subsection (1) , the relevant court may— make an order under section 102 for the performance by the driver of the motorbike of community service as decided by the court; and order that the motorbike be released to the owner. (sec.101-ssec.5) Also, if an owner of the motorbike raises the defence mentioned in section 107 and the relevant court is satisfied the defence has been made out, the court may order that the motorbike be released to the owner. (sec.101-ssec.6) On the making of a forfeiture order for a motorbike— the motorbike becomes the property of the State; and any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the motorbike is extinguished. - (a) under subsection (1) , the relevant court orders the impounding of the motorbike to which the application relates; and - (b) a relevant court has previously made an impounding order under section 100 for a motorbike noise order offence committed within the relevant period and forming the basis of the application; - (a) make an order under section 102 for the performance by the driver of the motorbike of community service as decided by the court; and - (b) order that the motorbike be released to the owner. - (a) the motorbike becomes the property of the State; and - (b) any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the motorbike is extinguished.