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POLICE POWERS AND RESPONSIBILITIES (MOTOR VEHICLE IMPOUNDMENT) AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 15 - SECT 65

65 Replacement of s 113 (Liability to pay costs of impounding—child driver)

Section 113—

omit, insert—

'(1) This section applies in relation to a motor vehicle impounded or immobilised because of a prescribed offence or a motorbike noise direction offence if the driver of the motor vehicle was a child when he or she committed the offence for which it was impounded or immobilised.

'(2) If the child is found guilty by a court of a prescribed offence or motorbike noise direction offence in relation to the motor vehicle—

(a) the child is liable to pay the costs of removing or keeping the motor vehicle if the court orders under section 103 that the child pay the costs; or
(b) if the court orders, under that section, the child's parent to pay the costs of removing or keeping the motor vehicle under applied section 259, the child's parent is liable to pay the costs of removing or keeping the motor vehicle.

'(3) If the court orders the child to pay the costs of removing or keeping the motor vehicle, any costs paid by the State under section 111(2) become a debt payable to the State by the child.

'(4) If the court orders the child's parent or guardian to pay the costs of removing or keeping the motor vehicle, any costs paid by the State under section 111(2) become a debt payable to the State by the child's parent or guardian.'.



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