Sentencing Act 2002

138A Offender liable for outstanding costs of seizure, storage, and sale

(1)

If the amount realised from the sale of a motor vehicle under section 137 or its disposal under section 138 is less than the costs described in subsection (2), the offender is liable for the shortfall between that amount and those costs.

(2)

The costs are,—

(a)

if the motor vehicle has been impounded under the Land Transport Act 1998, any impoundment costs; and

(b)

the costs of the sale (including all costs incurred in seizing the motor vehicle, towing and storing the vehicle, and complying with the provisions of this subpart preliminary to sale).

(3)

Subsection (1) applies regardless of whether the offender owned or had an interest in the motor vehicle.

(4)

Part 3 (except section 84) of the Summary Proceedings Act 1957 (or, if applicable, section 19 of the Crimes Act 1961) applies with any necessary modifications to any amount the offender is liable to pay under subsection (1) as if it were a fine.

(5)

A certificate issued by the Registrar that, following the sale or disposal of a motor vehicle, the offender is liable to pay a sum under subsection (1) is, in the absence of proof to the contrary, sufficient evidence of the facts certified.

Section 138A: inserted, on 1 December 2009, by section 18 of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).

Section 138A(4): replaced, on 13 February 2012, by section 31(1) of the Sentencing Amendment Act 2011 (2011 No 47).

Section 138A(4): amended, on 1 July 2013, by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).

Section 138A(5): amended, on 13 February 2012, by section 31(2)(a) of the Sentencing Amendment Act 2011 (2011 No 47).

Section 138A(5): amended, on 13 February 2012, by section 31(2)(b) of the Sentencing Amendment Act 2011 (2011 No 47).