Content of notice for second or subsequent motorbike noise order offence
84 Content of notice for second or subsequent motorbike noise order offence
This section applies if a motorbike has been impounded because of a motorbike noise order offence and—
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 has been charged with having committed another motorbike noise order offence that has not been decided and relates to that motorbike; or
the driver of the motorbike 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 2 years after a noise abatement order is made in relation to the driver of the motorbike.
Note—See section 71 for when a person is charged for this chapter. Also, this section, unlike the corresponding provisions about motor vehicle related offences, does not rely on the suspicion of a police officer because the principal operation of the section in fact relates to children and processes under the Youth Justice Act 1992 apply.
The impounding notice must state—
that the motorbike is impounded for the initial impoundment period; and
that an application will be made to the relevant court for an order that the motorbike be forfeited to the State if either of the following apply to the driver—
the driver of the motorbike has previously been found guilty of a motorbike noise order offence relating to that motorbike;
the driver of the motorbike 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; and
the prescribed impoundment information.
This Act’s bill:Explanatory memorandum
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