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Police Powers and Responsibilities Act 2000
sec.769Application of applied sections for s 768
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### sec.769 Application of applied sections for s 768
This section states how applied sections 258 and 259 apply for section 768 .
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 and keeping a motor vehicle impounded under this chapter; and
to the prosecution were a reference to the applicant for the impounding order or forfeiture order.
Applied section 259 applies as if—
a reference in the applied section—
to compensation were a reference to the costs of removing and keeping a motor vehicle impounded under this chapter; and
to the prosecution were a reference to the applicant for the impounding order; 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 and keeping a motor vehicle impounded 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 and keeping a motor vehicle impounded under the Police Powers and Responsibilities Act 2000 , chapter 22 ’.
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 taken instead to be an order fining a person for an offence for the purposes of the State Penalties Enforcement Act 1999 , section 34 .
s 769 ins 2006 No. 26 s 79
amd 2009 No. 34 s 45 (1) sch pt 1 amdt 27
(sec.769-ssec.1) This section states how applied sections 258 and 259 apply for section 768 .
(sec.769-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 and keeping a motor vehicle impounded under this chapter; and to the prosecution were a reference to the applicant for the impounding order or forfeiture order.
(sec.769-ssec.3) Applied section 259 applies as if— a reference in the applied section— to compensation were a reference to the costs of removing and keeping a motor vehicle impounded under this chapter; and to the prosecution were a reference to the applicant for the impounding order; 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 and keeping a motor vehicle impounded 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 and keeping a motor vehicle impounded under the Police Powers and Responsibilities Act 2000 , chapter 22 ’.
(sec.769-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 taken instead 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 and keeping a motor vehicle impounded under this chapter; and (ii) to the prosecution were a reference to the applicant for the impounding order or forfeiture order.
- (i) to compensation were a reference to the costs of removing and keeping a motor vehicle impounded under this chapter; and
- (ii) to the prosecution were a reference to the applicant for the impounding order or forfeiture order.
- (i) to compensation were a reference to the costs of removing and keeping a motor vehicle impounded under this chapter; and
- (ii) to the prosecution were a reference to the applicant for the impounding order or forfeiture order.
- (a) a reference in the applied section— (i) to compensation were a reference to the costs of removing and keeping a motor vehicle impounded under this chapter; and (ii) to the prosecution were a reference to the applicant for the impounding order; and
- (i) to compensation were a reference to the costs of removing and keeping a motor vehicle impounded under this chapter; and
- (ii) to the prosecution were a reference to the applicant for the impounding order; 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 and keeping a motor vehicle impounded 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 and keeping a motor vehicle impounded under the Police Powers and Responsibilities Act 2000 , chapter 22 ’.
- (i) to compensation were a reference to the costs of removing and keeping a motor vehicle impounded under this chapter; and
- (ii) to the prosecution were a reference to the applicant for the impounding order; and
- (a) the Youth Justice Act 1992 , section 260 does not apply to that order; and
- (b) the order is taken instead to be an order fining a person for an offence for the purposes of the State Penalties Enforcement Act 1999 , section 34 .