This Amendment Paper amends the Antisocial Road Use Legislation Amendment Bill (the Bill).

The Amendment Paper inserts new clause 18A into the Bill, amending section 98A of the Land Transport Act 1998. Section 98A authorises the Commissioner of Police (the Commissioner) to give a notice prohibiting the sale or disposal of a person’s motor vehicle if the person is charged with an offence that would, on conviction, permit or require a court to order—

• the confiscation of the vehicle under the Sentencing Act 2002; or

• the forfeiture of the vehicle under section 142AAB of the Sentencing Act 2002.

The effect of the amendments is that the Commissioner will also be able to give a notice prohibiting the sale or disposal of a person’s motor vehicle if the person is charged with an offence that would, on conviction, require a court to order the forfeiture, or forfeiture and destruction, of the vehicle under new section 142AAH of the Sentencing Act 2002 (see clause 36 of the Bill).

The amendments to Schedule 4 of the Bill are consequential on the amendments to section 98A of the Land Transport Act 1998. If the Commissioner wishes to give a notice prohibiting the sale or disposal of a person’s motor vehicle under section 98A, the Commissioner must do so using the form prescribed by regulation 8B, and set out in Schedule 6, of the Land Transport (Offences and Penalties) Regulations 1999. The amendments update existing references in the form to “confiscation” to references to “confiscation, forfeiture, or forfeiture and destruction”.