Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Confiscation of motor vehicles
131If motor vehicle has been disposed of, court may prohibit offender from acquiring another motor vehicle
This section applies if, in any case to which any of section 128, 129, or 129A would otherwise apply, the offender or any substitute for the offender has, before the date of the offender’s conviction, ceased to be the owner of the motor vehicle or to have any interest in it.
The court may—
- make an order prohibiting the offender from acquiring any interest in any motor vehicle within 12 months after the date of the order; and
- if the offender or the substitute for the offender has, at any time after the commission of the offence but before the date of his or her conviction, become the owner of any motor vehicle or acquired any interest in any motor vehicle, order that that motor vehicle be confiscated.
If the court is not satisfied that the disposition of the motor vehicle was made by the offender or the substitute for the offender with a bona fide intention to dispose permanently of his or her ownership or interest in the vehicle,—
- the court may, if it thinks fit, set the disposition aside; and
- section 128, 129, or 129A, as the case may be, applies as if the disposition by the offender or by the substitute for the offender had not occurred.
Before making an order under subsection (3), the court must give any person to whom the disposition of the motor vehicle was made an opportunity to be heard.
Compare
- 1985 No 120 s 84(3), (3A), (3B)
Notes
- Section 131(1): replaced, on , by section 10(1) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
- Section 131(2)(b): amended, on , by section 10(2) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
- Section 131(3): amended, on , by section 10(3) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).
- Section 131(3)(b): replaced, on , by section 10(4) of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).


