sec.768Costs order if child found guilty of evasion offence

### sec.768 Costs order if child found guilty of evasion offence This section applies if the relevant court makes an impounding order and the person to whom the application relates was a child when the person committed the evasion offence in relation to which the order is made. The relevant court must consider whether the child has the capacity to pay the costs of removing and keeping the motor vehicle and, if the court considers the child has the capacity to pay those costs, may order the child to pay the costs of removing and keeping the motor vehicle. If, after considering any submissions made by the child or the child’s parent, the relevant court considers the child does not have the capacity to pay the costs of removing and keeping the motor vehicle, the relevant court may call on the child’s parent under applied section 258 to show cause under applied section 259 , as directed by the court, why the parent should not pay the costs of removing and keeping the motor vehicle. The relevant court may, under applied section 259 , order the child’s parent to pay the costs of removing and keeping the motor vehicle. In this section— applied section 258 means the Youth Justice Act 1992 , section 258 , as applied by section 769 . applied section 259 means the Youth Justice Act 1992 , section 259 , as applied by section 769 . parent includes a guardian other than the chief executive (child safety). s 768 ins 2006 No. 26 s 79 amd 2009 No. 34 s 45 (1) sch pt 1 amdt 27; 2024 No. 24 s 57 sch 1 pt 2 (sec.768-ssec.1) This section applies if the relevant court makes an impounding order and the person to whom the application relates was a child when the person committed the evasion offence in relation to which the order is made. (sec.768-ssec.2) The relevant court must consider whether the child has the capacity to pay the costs of removing and keeping the motor vehicle and, if the court considers the child has the capacity to pay those costs, may order the child to pay the costs of removing and keeping the motor vehicle. (sec.768-ssec.3) If, after considering any submissions made by the child or the child’s parent, the relevant court considers the child does not have the capacity to pay the costs of removing and keeping the motor vehicle, the relevant court may call on the child’s parent under applied section 258 to show cause under applied section 259 , as directed by the court, why the parent should not pay the costs of removing and keeping the motor vehicle. (sec.768-ssec.4) The relevant court may, under applied section 259 , order the child’s parent to pay the costs of removing and keeping the motor vehicle. (sec.768-ssec.5) In this section— applied section 258 means the Youth Justice Act 1992 , section 258 , as applied by section 769 . applied section 259 means the Youth Justice Act 1992 , section 259 , as applied by section 769 . parent includes a guardian other than the chief executive (child safety).