129BWritten caution to persons with interest in motor vehicles involved in offences

1. Subsection (2) applies whenever—

2. a court convicts an offender of an offence specified in section 128(1) involving a motor vehicle; and
3. the court is satisfied the offence was committed in circumstances that would permit or require the confiscation of the motor vehicle under section 128, 129, or 129A if the offender owned or had an interest in it at the time of conviction; and
4. it appears to the court that the offender does not own or have an interest in the motor vehicle.

5. The court by or before which the offender is convicted must order that a written caution be issued and served on every person (other than the offender) who is registered in respect of the motor vehicle or who the court believes owns or has an interest in the motor vehicle.

6. Despite subsection (2), a written caution must not be served—

7. on anyone if the court is satisfied that the motor vehicle—
   1. was stolen or converted at the material time; or
   2. was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998:
8. on a person who the court is satisfied—
   1. did not own or have an interest in the motor vehicle at the material time; or
   2. is a secured party under a security agreement relating to the motor vehicle, or the lessor of the motor vehicle under a lease, but has no relationship of another kind with the offender.

9. On any one occasion, a court may only order that 1 written caution is to be served on each recipient described in subsection (2), regardless of the number of convictions entered against the offender.

10. A written caution must provide the following information:

11. the name and identifying details of the offender:
12. the relevant convictions against the offender:
13. the identifying details of the motor vehicle:
14. that the recipient is believed to own or have an interest in the motor vehicle and that none of the exceptions stated in subsection (3) has been established to the satisfaction of the court:
15. a warning that if the offender is convicted of a further offence specified in section 128(1) that involves a motor vehicle owned by the recipient or in which the recipient has an interest, the motor vehicle is liable to be confiscated or confiscated and destroyed:
16. the recipient’s right to seek a review of the court’s decision to order the service of the written caution on the recipient.

17. The written caution remains current for 4 years after the date of the commission of the offence for which that written caution is served.

18. A written caution ordered to be served on a person must be served on the person in one of the following ways:

19. by being delivered to the person personally or by being brought to the person's notice if the person refuses to accept it:
20. by being left for the person at the person's place of residence with another person (other than the offender) who appears to be of or over the age of 14 years:
21. by being left for the person at the person's place of business with another person (other than the offender).

22. A written caution may be served by one of the following persons:

23. a constable:
24. a Police employee authorised by the Commissioner of Police to serve documents under this Act:
25. an officer of the court:
26. any person who is authorised to serve the written caution under a general or particular authority given by a District Court Judge or Registrar:
27. any officer or employee of a corporation that is authorised by the Secretary for Justice to serve the written caution.

28. An endorsement on a copy of a written caution stating the fact, date, time, and mode of service and purporting to be signed by a person of a kind described in subsection (8) is, in the absence of evidence to the contrary, sufficient proof of service of the written caution in accordance with this section.