sec.97When application to be heard—motorbike noise order offence

### sec.97 When application to be heard—motorbike noise order offence An application for an impounding order for a motorbike noise order offence must be heard and decided as soon as practicable after the person to whom the application relates is found guilty of 1 motorbike noise order offence. An application for a forfeiture order for a motorbike noise order offence must be heard and decided as soon as practicable after the person to whom the application relates is found guilty of 2 motorbike noise order offences committed on 2 occasions within the prescribed period. However, if, after an application for a forfeiture order in relation to a motorbike noise order offence is made— the person to whom the application relates is found not guilty of 1 of the motorbike noise order offences or the proceeding for 1 of the offences is discontinued; and no motorbike has previously been impounded for a motorbike noise order offence committed within the relevant period on an application for an impounding order made in relation to that person for an offence to which the application for the forfeiture order relates; the relevant court may hear and decide the application for the forfeiture order as if it were an application for an impounding order. An application to which subsection (3) applies is taken, for division 3 , to be an application for an impounding order. s 97 ins 2005 No. 64 s 7 amd 2006 No. 26 s 19 ; 2006 No. 57 s 26 (sec.97-ssec.1) An application for an impounding order for a motorbike noise order offence must be heard and decided as soon as practicable after the person to whom the application relates is found guilty of 1 motorbike noise order offence. (sec.97-ssec.2) An application for a forfeiture order for a motorbike noise order offence must be heard and decided as soon as practicable after the person to whom the application relates is found guilty of 2 motorbike noise order offences committed on 2 occasions within the prescribed period. (sec.97-ssec.3) However, if, after an application for a forfeiture order in relation to a motorbike noise order offence is made— the person to whom the application relates is found not guilty of 1 of the motorbike noise order offences or the proceeding for 1 of the offences is discontinued; and no motorbike has previously been impounded for a motorbike noise order offence committed within the relevant period on an application for an impounding order made in relation to that person for an offence to which the application for the forfeiture order relates; the relevant court may hear and decide the application for the forfeiture order as if it were an application for an impounding order. (sec.97-ssec.4) An application to which subsection (3) applies is taken, for division 3 , to be an application for an impounding order. - (a) the person to whom the application relates is found not guilty of 1 of the motorbike noise order offences or the proceeding for 1 of the offences is discontinued; and - (b) no motorbike has previously been impounded for a motorbike noise order offence committed within the relevant period on an application for an impounding order made in relation to that person for an offence to which the application for the forfeiture order relates;