sec.104Application of applied sections for s 103

### sec.104 Application of applied sections for s 103 This section states how applied sections 258 and 259 apply for section 103 . Applied section 258 applies as if— subsections (1) and (9) were omitted; and a reference in the applied section— to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and to the prosecution were a reference to— the applicant for the impounding order or forfeiture order; or otherwise—the prosecution for the prescribed offence. Applied section 259 applies as if— a reference in the applied section— to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and to the prosecution were a reference to— the applicant for the impounding order or forfeiture order; or otherwise—the prosecution for the prescribed offence; and a reference in applied section 259 (4)to a show cause hearing is a reference to the hearing and determination of the issue of whether a parent should be ordered, under applied section 259 (5), to pay the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and applied section 259 (4), to the extent it mentions the director of public prosecutions, does not apply; and the expression in applied section 259 (5) ‘of the matters mentioned in section 258 (1)(a), (b) and (c)’ read instead as ‘that the parent should be ordered to pay the costs of removing or keeping a motor vehicle impounded or immobilised under the Police Powers and Responsibilities Act 2000 , chapter 4 ’. Also, in relation to an order made under applied section 259 (5)— the Youth Justice Act 1992 , section 260 does not apply to that order; and the order is instead taken to be an order fining a person for an offence for the purposes of the State Penalties Enforcement Act 1999 , section 34 . s 104 ins 2005 No. 64 s 7 amd 2006 No. 26 s 3 sch 1 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 27; 2013 No. 15 s 52 (sec.104-ssec.1) This section states how applied sections 258 and 259 apply for section 103 . (sec.104-ssec.2) Applied section 258 applies as if— subsections (1) and (9) were omitted; and a reference in the applied section— to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and to the prosecution were a reference to— the applicant for the impounding order or forfeiture order; or otherwise—the prosecution for the prescribed offence. (sec.104-ssec.3) Applied section 259 applies as if— a reference in the applied section— to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and to the prosecution were a reference to— the applicant for the impounding order or forfeiture order; or otherwise—the prosecution for the prescribed offence; and a reference in applied section 259 (4)to a show cause hearing is a reference to the hearing and determination of the issue of whether a parent should be ordered, under applied section 259 (5), to pay the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and applied section 259 (4), to the extent it mentions the director of public prosecutions, does not apply; and the expression in applied section 259 (5) ‘of the matters mentioned in section 258 (1)(a), (b) and (c)’ read instead as ‘that the parent should be ordered to pay the costs of removing or keeping a motor vehicle impounded or immobilised under the Police Powers and Responsibilities Act 2000 , chapter 4 ’. (sec.104-ssec.4) Also, in relation to an order made under applied section 259 (5)— the Youth Justice Act 1992 , section 260 does not apply to that order; and the order is instead taken to be an order fining a person for an offence for the purposes of the State Penalties Enforcement Act 1999 , section 34 . - (a) subsections (1) and (9) were omitted; and - (b) a reference in the applied section— (i) to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and (ii) to the prosecution were a reference to— (A) the applicant for the impounding order or forfeiture order; or (B) otherwise—the prosecution for the prescribed offence. - (i) to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and - (ii) to the prosecution were a reference to— (A) the applicant for the impounding order or forfeiture order; or (B) otherwise—the prosecution for the prescribed offence. - (A) the applicant for the impounding order or forfeiture order; or - (B) otherwise—the prosecution for the prescribed offence. - (i) to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and - (ii) to the prosecution were a reference to— (A) the applicant for the impounding order or forfeiture order; or (B) otherwise—the prosecution for the prescribed offence. - (A) the applicant for the impounding order or forfeiture order; or - (B) otherwise—the prosecution for the prescribed offence. - (A) the applicant for the impounding order or forfeiture order; or - (B) otherwise—the prosecution for the prescribed offence. - (a) a reference in the applied section— (i) to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and (ii) to the prosecution were a reference to— (A) the applicant for the impounding order or forfeiture order; or (B) otherwise—the prosecution for the prescribed offence; and - (i) to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and - (ii) to the prosecution were a reference to— (A) the applicant for the impounding order or forfeiture order; or (B) otherwise—the prosecution for the prescribed offence; and - (A) the applicant for the impounding order or forfeiture order; or - (B) otherwise—the prosecution for the prescribed offence; and - (b) a reference in applied section 259 (4)to a show cause hearing is a reference to the hearing and determination of the issue of whether a parent should be ordered, under applied section 259 (5), to pay the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and - (c) applied section 259 (4), to the extent it mentions the director of public prosecutions, does not apply; and - (d) the expression in applied section 259 (5) ‘of the matters mentioned in section 258 (1)(a), (b) and (c)’ read instead as ‘that the parent should be ordered to pay the costs of removing or keeping a motor vehicle impounded or immobilised under the Police Powers and Responsibilities Act 2000 , chapter 4 ’. - (i) to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and - (ii) to the prosecution were a reference to— (A) the applicant for the impounding order or forfeiture order; or (B) otherwise—the prosecution for the prescribed offence; and - (A) the applicant for the impounding order or forfeiture order; or - (B) otherwise—the prosecution for the prescribed offence; and - (A) the applicant for the impounding order or forfeiture order; or - (B) otherwise—the prosecution for the prescribed offence; and - (a) the Youth Justice Act 1992 , section 260 does not apply to that order; and - (b) the order is instead taken to be an order fining a person for an offence for the purposes of the State Penalties Enforcement Act 1999 , section 34 .