sec.91Application for forfeiture order for motorbike noise order offence

### sec.91 Application for forfeiture order for motorbike noise order offence This section applies in relation to a motorbike impounded under section 74 for a motorbike noise order offence if the driver of the motorbike— has been— found guilty of having committed a motorbike noise order offence relating to that motorbike on at least 1 previous occasion; and charged with having committed another motorbike noise order offence relating to that motorbike and the charge has not been decided; or has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided. Within 48 hours after charging the person with the offence in relation to which the motorbike was impounded under section 74 , a police officer must apply in the approved form for an order that the motorbike be forfeited to the State ( forfeiture order ). The application must be made in relation to at least 2 motorbike noise order offences the circumstances of which apply to the driver under subsection (1) (a) or (b) . The application must be made to the relevant court but may be started by application to a magistrate under section 800 and subsection (6) of this section. Subsection (4) applies even though the value of the motorbike may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court. If the application is properly made to a magistrate under section 800 , the magistrate must— order that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and give a copy of the application and the order to the clerk of the court of the relevant court. s 91 ins 2005 No. 64 s 7 (sec.91-ssec.1) This section applies in relation to a motorbike impounded under section 74 for a motorbike noise order offence if the driver of the motorbike— has been— found guilty of having committed a motorbike noise order offence relating to that motorbike on at least 1 previous occasion; and charged with having committed another motorbike noise order offence relating to that motorbike and the charge has not been decided; or has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided. (sec.91-ssec.2) Within 48 hours after charging the person with the offence in relation to which the motorbike was impounded under section 74 , a police officer must apply in the approved form for an order that the motorbike be forfeited to the State ( forfeiture order ). (sec.91-ssec.3) The application must be made in relation to at least 2 motorbike noise order offences the circumstances of which apply to the driver under subsection (1) (a) or (b) . (sec.91-ssec.4) The application must be made to the relevant court but may be started by application to a magistrate under section 800 and subsection (6) of this section. (sec.91-ssec.5) Subsection (4) applies even though the value of the motorbike may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court. (sec.91-ssec.6) If the application is properly made to a magistrate under section 800 , the magistrate must— order that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and give a copy of the application and the order to the clerk of the court of the relevant court. - (a) has been— (i) found guilty of having committed a motorbike noise order offence relating to that motorbike on at least 1 previous occasion; and (ii) charged with having committed another motorbike noise order offence relating to that motorbike and the charge has not been decided; or - (i) found guilty of having committed a motorbike noise order offence relating to that motorbike on at least 1 previous occasion; and - (ii) charged with having committed another motorbike noise order offence relating to that motorbike and the charge has not been decided; or - (b) has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided. - (i) found guilty of having committed a motorbike noise order offence relating to that motorbike on at least 1 previous occasion; and - (ii) charged with having committed another motorbike noise order offence relating to that motorbike and the charge has not been decided; or - (a) order that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and - (b) give a copy of the application and the order to the clerk of the court of the relevant court.