129A Confiscation and destruction after third illegal street racing offence

(1)

This section applies if—

(a)

an offender commits an offence against section 36A(1)(a) or (c) of the Land Transport Act 1998 (the current offence); and

(b)

the offender has previously been convicted of 2 offences (the previous offences) against section 36A(1)(a) or (c) of the Land Transport Act 1998 that were each committed within the period of 4 years before the commission of the current offence.

(2)

For the purpose of subsection (1), it does not matter whether or not the offences are of the same kind, but the current offence and each of the previous offences must arise from different incidents.

(3)

The court by or before which the offender is convicted of the current offence may order the confiscation and destruction of any motor vehicle if satisfied that the offender was driving, or was in charge of, the motor vehicle at the material time and that—

(a)

the offender owns or has any interest in the motor vehicle; or

(b)

a substitute for the offender owns or has an interest in the motor vehicle if the written caution served on the substitute was issued in respect of an offence specified in subsection (1)(a).

(4)

The court must not make an order under subsection (3) if it will result in extreme hardship to the offender or undue hardship to any other person, including, without limitation, to any substitute for the offender.

(5)

The court must not make an order under subsection (3) in respect of a motor vehicle that 1 or more persons treated as a substitute have an interest in if it is satisfied that either of the following applies to each substitute:

(a)

the substitute did not know, and could not reasonably have known, that the offender would commit the offence or offences; or

(b)

the substitute took all reasonable steps to prevent the offender from committing the offence or offences.

Section 129A: inserted, on 1 December 2009, by section 7 of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).

Section 129A(5): inserted, on 1 August 2012, by section 16 of the Sentencing Amendment Act 2011 (2011 No 47).