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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Police Powers and
Responsibilities and Other
Legislation Amendment Bill
2006
Queensland
Police Powers and Responsibilities and
Other Legislation Amendment Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Police Powers and Responsibilities Act 2000
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 69 (Definitions for ch 4) . . . . . . . . . . . . . . . . . . . 6
5 Insertion of new s 69A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
69A Meaning of type 1 and type 2 vehicle related offences 8
6 Insertion of new section 70A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
70A References to type 2 vehicle related offences
including the same kind . . . . . . . . . . . . . . . . . . . . . . . 9
7 Insertion of new ch 4, pt 1, div 3. . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 3 Application of chapter 4 to type 2 vehicle
related offences
73A Application of ch 4 to type 2 vehicle related offences. 10
8 Amendment of s 74 (Impounding motor vehicles) . . . . . . . . . . . . 11
9 Amendment of s 75 (Particular powers for impounding motor
vehicles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 Amendment of s 78 (Impounding notice for vehicle related
offence) ........................................ 12
11 Amendment of s 79 (Impounding notice for motorbike noise
direction offence or motorbike noise order offence) . . . . . . . . . . . 12
12 Amendment of ch 4, pt 2, div 2 hdg (Notice requirements for
motor vehicles impounded for vehicle related offences). . . . . . . . 13
13 Amendment of s 80 (Content of notice for first vehicle related
offence) .......................................... 13
14 Amendment of s 81 (Content of notice for second or
subsequent vehicle related offence). . . . . . . . . . . . . . . . . . . . . . . 13
2
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
15 Insertion of new ch 4, pt 2, div 2A . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2A Notice requirements for motor vehicles
impounded for type 2 vehicle related offences
81A Content of notice for motor vehicle impounded for
second type 2 vehicle related offence . . . . . . . . . . . . 14
81B Content of notice for third or subsequent type 2
vehicle related offence . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Amendment of s 85 (Application for impounding order for
vehicle related offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17 Insertion of new s 85A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
85A Application for impounding order for type 2 vehicle
related offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Amendment of s 87 (Orders on application for impounding
order if vehicle related offence not decided). . . . . . . . . . . . . . . . . 18
19 Insertion of new s 87A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
87A Orders on application for impounding order if type 2
vehicle related offence not decided . . . . . . . . . . . . . . 18
20 Amendment of s 90 (Application for forfeiture order for vehicle
related offence). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
21 Insertion of new section 90A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
90A Application for forfeiture order for type 2 vehicle
related offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
22 Amendment of s 92 (Orders on application for forfeiture order if
vehicle related offence not decided). . . . . . . . . . . . . . . . . . . . . . . 21
23 Insertion of new s 92A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
92A Orders on application for forfeiture order if type 2
vehicle related offence not decided . . . . . . . . . . . . . . 21
24 Amendment of s 96 (When application to be heard--vehicle
related offence). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
25 Insertion of new s 96A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
96A When application to be heard--type 2 vehicle
related offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
26 Amendment of s 97 (When application to be heard--motorbike
noise order offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
27 Amendment of ch 4, pt 5, div 2 hdg (Consideration of
application if made for vehicle related offence) . . . . . . . . . . . . . . 23
28 Amendment of s 98 (Consideration of application for
impounding order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
29 Amendment of s 99 (Consideration of application for forfeiture
order) ........................................... 24
30 Insertion of new ch 4, pt 5, div 2A . . . . . . . . . . . . . . . . . . . . . . . . 25
3
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
Division 2A Consideration of application if made for type 2
vehicle related offence
99A Consideration of application for impounding
order--type 2 vehicle related offence. . . . . . . . . . . . . 25
99B Consideration of application for forfeiture
order--type 2 vehicle related offence. . . . . . . . . . . . . 26
31 Amendment of s 100 (Consideration of application for
impounding order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
32 Amendment of s 101 (Consideration of application for forfeiture
order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
33 Amendment of s 108 (Counting the occasions) . . . . . . . . . . . . . . 27
34 Amendment of s 111 (State's liability to pay costs of
impounding) ................................... 29
35 Amendment of s 112 (Liability to pay costs of
impounding--adult driver) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
36 Amendment of s 113 (Liability to pay costs of
impounding--child driver) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
37 Amendment of s 114 (Payment of costs if motor vehicle not
recovered) ........................................ 30
38 Amendment of s 115 (Registration of costs under State
Penalties Enforcement Act 1999) . . . . . . . . . . . . . . . . . . . . . . . . . 30
39 Amendment of s 116 (Release of motor vehicle impounded
under s 74) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
40 Replacement of s 118 (Sale of motor vehicle if not recovered
after impounding ends). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
118 Sale of motor vehicle if not recovered after
impounding ends . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
41 Amendment of s 800 (Obtaining warrants, orders and
authorities, etc., by telephone or similar facility). . . . . . . . . . . . . . 32
42 Insertion of new ch 24, pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Part 9 Transitional provisions for Police Powers and
Responsibilities and Other Legislation
Amendment Act 2006
862 Costs of impoundment . . . . . . . . . . . . . . . . . . . . . . . . 33
863 Existing references . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
864 Amendment of regulation by Police Powers and
Responsibilities and Other Legislation Amendment
Act 2006 does not affect powers of Governor in
Council ............................... 33
43 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 34
Part 3 Amendment of Police Powers and Responsibilities
Regulation 2000
44 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
4
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
45 Insertion of new s 10B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
10B Declared sections for Act, s 69A, definition type 2
vehicle related offence, paragraph (e) . . . . . . . . . . . . 34
Part 4 Amendment of Maritime and Other Legislation Amendment
Act 2006
46 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
47 Amendment of s 143 (Insertion of new ss 79B79D in Act No. 9
of 1995) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
48 Amendment of s 144A (Insertion of new ss 90A90D in Act
No. 9 of 1995). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
49 Omission of s 145 (Insertion of new s 150AB in Act No. 9 of
1995) ........................................ 37
Part 5 Amendment of Tow Truck Act 1973
50 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
51 Amendment of s 38 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . . 37
52 Amendment of s 43 (Regulation making power) . . . . . . . . . . . . . 37
Part 6 Amendment of Transport Operations (Road Use
Management) Act 1995
53 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
54 Amendment of s 79 (Driving etc. whilst under influence of liquor
or drugs or with prescribed concentration of alcohol in blood or
breath) ........................................... 38
55 Insertion of new ss 79E and 79F . . . . . . . . . . . . . . . . . . . . . . . . . 38
79E Court may allow particular person whose licence is
suspended under s 79B to drive. . . . . . . . . . . . . . . . . 38
79F Replacement licence if there is an order under s 79E 39
56 Amendment of s 81 (Notices to offenders for certain first
offences) ...................................... 40
57 Amendment of s 86 (Disqualification of drivers of motor vehicles
for certain offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
58 Amendment of s 127 (Effect of disqualification) . . . . . . . . . . . . . . 40
2006
A Bill
for
An Act to amend the Police Powers and Responsibilities Act
2000, and for other purposes
s1 6 s4
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Police Powers and 4
Responsibilities and Other Legislation Amendment Act 2006. 5
Clause 2 Commencement 6
(1) Parts 2 and 5 commence on 1 July 2007. 7
(2) Part 6 commences immediately after the commencement of 8
the Maritime and Other Legislation Amendment Act 2006, 9
section 141. 10
Part 2 Amendment of Police Powers 11
and Responsibilities Act 2000 12
Clause 3 Act amended in pt 2 13
This part amends the Police Powers and Responsibilities Act 14
2000. 15
Clause 4 Amendment of s 69 (Definitions for ch 4) 16
(1) Section 69, definitions forfeiture order, impounding order, 17
relevant period and vehicle related offence-- 18
omit. 19
(2) Section 69-- 20
insert-- 21
`forfeiture order-- 22
s4 7 s4
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
(a) for a type 1 vehicle related offence--see section 90(2); 1
or 2
(b) for a type 2 vehicle related offence--see section 90A(2); 3
or 4
(c) for a motorbike noise order offence--see section 91(2). 5
impounding order-- 6
(a) for a type 1 vehicle related offence--see section 85(2); 7
or 8
(b) for a type 2 vehicle related offence--see section 85A(2); 9
or 10
(c) for a motorbike noise order offence--see section 86(2). 11
relevant period-- 12
(a) in relation to a motor vehicle impounded for a type 1 13
vehicle related offence--means the period of not more 14
than 3 years before the initiating impoundment for the 15
motor vehicle; or 16
(b) in relation to a motor vehicle impounded for a type 2 17
vehicle related offence committed after the 18
commencement of the Police Powers and 19
Responsibilities and Other Legislation Amendment Act 20
2006, section 5--means the period, after the 21
commencement, of not more than 3 years before the 22
initiating impoundment for the motor vehicle. 23
type 1 vehicle related offence see section 69A. 24
type 2 vehicle related offence see section 69A. 25
vehicle related offence means-- 26
(a) a type 1 vehicle related offence; or 27
(b) a type 2 vehicle related offence.'. 28
(3) Section 69, definition initial impoundment period, paragraph 29
(b), after `next occurring'-- 30
insert-- 31
`on a business day'. 32
s5 8 s5
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
(4) Section 69, definition prescribed impoundment information, 1
paragraph (c), from `and the driver' to `was impounded'-- 2
omit. 3
Clause 5 Insertion of new s 69A 4
After section 69-- 5
insert-- 6
`69A Meaning of type 1 and type 2 vehicle related offences 7
`(1) A type 1 vehicle related offence means any of the following 8
offences committed in circumstances that involve a speed 9
trial, a race between motor vehicles, or a burn out-- 10
(a) an offence against the Criminal Code, section 328A 11
committed on a road or in a public place; 12
(b) an offence against the Road Use Management Act, 13
section 83; 14
(c) an offence against the Road Use Management Act, 15
section 85; 16
(d) an offence against the Road Use Management Act 17
involving wilfully starting a motor vehicle, or driving a 18
motor vehicle, in a way that makes unnecessary noise or 19
smoke. 20
21
Notes--
22
Under the Acts Interpretation Act 1954, section 7(1) a reference to a law
23
includes a reference to statutory instruments made or in force under the
24
law.
25
At the enactment of this definition, a relevant offence for paragraph (d),
26
for example, is an offence against the Transport Operations (Road Use
27
Management--Road Rules) Regulation 1999, section 291(1)(b).
`(2) A type 2 vehicle related offence means any of the following 28
offences-- 29
(a) an offence against the Motor Accident Insurance Act 30
1994, section 20 that happens at the same time as an 31
offence against the Road Use Management Act 32
involving the use on a road of a vehicle that is not 33
registered as required under that Act; 34
s6 9 s6
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
(b) an offence against the Road Use Management Act, 1
section 78(1); 2
(c) an offence against the Road Use Management Act, 3
section 79 in circumstances in which the driver of the 4
motor vehicle involved in the offence is over the high 5
alcohol limit within the meaning of the Road Use 6
Management Act, section 79A; 7
(d) an offence against the Road Use Management Act, 8
section 80(5A), (11) or (22D); 9
(e) an offence against the Road Use Management Act 10
prescribed under a regulation for this paragraph 11
involving a motor vehicle being driven on a road if-- 12
(i) a defect notice has been issued under this Act or 13
the Road Use Management Act in relation to the 14
motor vehicle; and 15
(ii) under the notice, the motor vehicle must be 16
inspected by an authorised officer under that Act to 17
ensure it complies with that Act. 18
`(3) For subsection (2)(e), a regulation may only prescribe an 19
offence that involves-- 20
(a) the motor vehicle (including its equipment) being 21
modified in a way that required the owner to ensure that 22
the modification had been approved under the Road Use 23
Management Act; or 24
(b) the motor vehicle (including its equipment) being 25
modified so that driving the motor vehicle on the road is 26
an offence under the Road Use Management Act.'. 27
Clause 6 Insertion of new section 70A 28
After section 70-- 29
insert-- 30
`70A References to type 2 vehicle related offences 31
including the same kind 32
`(1) This section applies when a provision of this chapter refers to 33
a type 2 vehicle related offence in relation to another type 2 34
s7 10 s7
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
vehicle related offence or to more than 1 type 2 vehicle related 1
offence, whether any reference relates to a finding of guilt or a 2
charge or a commission of the offence (a plural reference). 3
`(2) Each plural reference to type 2 vehicle related offences is a 4
reference to type 2 vehicle related offences each of which is 5
the same kind of type 2 vehicle related offence and is not a 6
reference to a combination of different kinds of type 2 vehicle 7
related offences. 8
`(3) For this chapter, a type 2 vehicle related offence is the same 9
kind as another type 2 vehicle related offence if both offences 10
are within the description of an offence covered by a 11
paragraph of the definition of type 2 vehicle related offence in 12
section 69A(2).'. 13
Clause 7 Insertion of new ch 4, pt 1, div 3 14
Chapter 4, part 1-- 15
insert-- 16
`Division 3 Application of chapter 4 to type 2 17
vehicle related offences 18
`73A Application of ch 4 to type 2 vehicle related offences 19
`(1) To the extent this chapter applies to type 2 vehicle related 20
offences, this chapter applies only in relation to type 2 vehicle 21
related offences committed in an area to which this chapter 22
has been applied under subsection (2) or subsection (3) (the 23
application area). 24
`(2) For subsection (1), this chapter applies to the North Coast 25
Police Region and the Southern Police Region. 26
27
Note--
28
The North Coast Police Region comprises the Bundaberg,
29
Maryborough, Gympie, Sunshine Coast and Redcliffe Police Districts.
30
The Southern Police Region comprises the Charleville, Dalby, Ipswich,
31
Toowoomba and Warwick Police Districts. Indicative maps of the
32
regions may be located on the police service website
33
http://www.police.qld.gov.au/Resources/Internet/services/reportsPublic
34
ations/documents/07_OrganisationalStructure.pdf
s8 11 s9
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
`(3) A regulation may extend the application of this chapter for 1
subsection (1) to another police region or the whole State. 2
`(4) Also, a regulation may declare the boundaries of police 3
regions, to which this chapter applies, for subsection (1). 4
`(5) A reference in this chapter to a type 2 vehicle related offence 5
is a reference to a type 2 vehicle related offence committed 6
when the place where the offence was committed was 7
included in the application area.'. 8
Clause 8 Amendment of s 74 (Impounding motor vehicles) 9
(1) Section 74(1), `a vehicle related'-- 10
omit, insert-- 11
`a type 1 vehicle related'. 12
(2) Section 74(3), `or (2)'-- 13
omit, insert-- 14
`, (2) or (3)'. 15
(3) Section 74(2) and (3), as amended-- 16
renumber as section 74(3) and (4). 17
(4) Section 74-- 18
insert-- 19
`(2) Also, a police officer may impound a motor vehicle if the 20
driver of the motor vehicle-- 21
(a) is charged with having committed a type 2 vehicle 22
related offence in relation to the motor vehicle; and 23
(b) has, within the relevant period, been charged with, or 24
found guilty of, another type 2 vehicle related offence.'. 25
Clause 9 Amendment of s 75 (Particular powers for impounding 26
motor vehicles) 27
Section 75(2), `motorbike'-- 28
omit, insert-- 29
`motor vehicle'. 30
s 10 12 s 11
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
Clause 10 Amendment of s 78 (Impounding notice for vehicle 1
related offence) 2
(1) Section 78(4)-- 3
omit, insert-- 4
`(4) The impounding notice must include-- 5
(a) if the motor vehicle is impounded for a type 1 vehicle 6
related offence--the information required under section 7
80 or 81; or 8
(b) if the motor vehicle is impounded for a type 2 vehicle 9
related offence--the information required under section 10
81A or 81B.'. 11
(2) Section 78(7)-- 12
omit, insert-- 13
`(7) An impounding notice given to a driver under subsection 14
(2)(a) must be given personally to the driver. 15
`(8) Also, if the name of the owner of the motor vehicle is not 16
known, an impounding notice required to be given to the 17
owner under subsection (2)(b) may be given by making the 18
information required to be included on the impounding notice, 19
other than the owner's name and address, available on the 20
police service internet website.'. 21
Clause 11 Amendment of s 79 (Impounding notice for motorbike 22
noise direction offence or motorbike noise order offence) 23
Section 79(8)-- 24
omit, insert-- 25
`(8) An impounding notice given to a driver under subsection 26
(2)(a) must be given personally to the driver. 27
`(9) Also, if the name of the owner of the motorbike is not known, 28
an impounding notice required to be given to the owner under 29
subsection (2)(b) may be given by making the information 30
required to be included on the impounding notice, other than 31
the owner's name and address, available on the police service 32
internet website.'. 33
s 12 13 s 14
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
Clause 12 Amendment of ch 4, pt 2, div 2 hdg (Notice requirements 1
for motor vehicles impounded for vehicle related 2
offences) 3
Chapter 4, part 2, division 2, heading, after `impounded for'-- 4
insert-- 5
`type 1'. 6
Clause 13 Amendment of s 80 (Content of notice for first vehicle 7
related offence) 8
(1) Section 80, heading, after `first'-- 9
insert-- 10
`type 1'. 11
(2) Section 80(1), `vehicle related'-- 12
omit, insert-- 13
`type 1 vehicle related'. 14
Clause 14 Amendment of s 81 (Content of notice for second or 15
subsequent vehicle related offence) 16
(1) Section 81, heading, after `subsequent'-- 17
insert-- 18
`type 1'. 19
(2) Section 81(1), `vehicle related'-- 20
omit, insert-- 21
`type 1 vehicle related'. 22
(3) Section 81(2)(b), `vehicle related'-- 23
omit, insert-- 24
`type 1 vehicle related'. 25
(4) Section 81(2)(c), `vehicle related'-- 26
omit, insert-- 27
`type 1 vehicle related'. 28
s 15 14 s 15
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
Clause 15 Insertion of new ch 4, pt 2, div 2A 1
Chapter 4, part 2-- 2
insert-- 3
`Division 2A Notice requirements for motor 4
vehicles impounded for type 2 5
vehicle related offences 6
`81A Content of notice for motor vehicle impounded for 7
second type 2 vehicle related offence 8
`(1) This section applies if a motor vehicle has been impounded 9
because of a type 2 vehicle related offence and section 81B 10
does not apply to the driver of the motor vehicle. 11
`(2) The impounding notice must state-- 12
(a) that the motor vehicle is impounded for the initial 13
impoundment period; and 14
(b) the prescribed impoundment information. 15
`81B Content of notice for third or subsequent type 2 16
vehicle related offence 17
`(1) This section applies if a motor vehicle has been impounded 18
because of a type 2 vehicle related offence and a police officer 19
reasonably suspects that, in addition to the initiating 20
impoundment offence, and within the relevant period-- 21
(a) the driver of the motor vehicle has previously been 22
charged with having committed type 2 vehicle related 23
offences on at least 2 previous occasions within the 24
relevant period and the charges have not been decided; 25
or 26
(b) the driver of the motor vehicle has previously been 27
found guilty of type 2 vehicle related offences 28
committed on at least 2 previous occasions within the 29
relevant period; or 30
(c) the driver of the motor vehicle has previously been 31
found guilty of having committed a type 2 vehicle 32
s 15 15 s 15
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
related offence on at least 1 previous occasion within the 1
relevant period and has previously been charged with 2
having committed a type 2 vehicle related offence on at 3
least 1 previous occasion within the relevant period and 4
the charge has not been decided. 5
`(2) The impounding notice must state-- 6
(a) that the motor vehicle is impounded for the initial 7
impoundment period; and 8
(b) that an application will be made to a court or a 9
magistrate for an order that the motor vehicle be 10
impounded for up to 3 months, if any of the following 11
apply to the driver at the time of the initiating 12
impoundment-- 13
(i) the driver has previously been charged with having 14
committed type 2 vehicle related offences on 2 15
previous occasions within the relevant period and 16
the charges have not been decided before the 17
initiating impoundment; 18
(ii) the driver has previously been found guilty of type 19
2 vehicle related offences committed on 2 previous 20
occasions within the relevant period; 21
(iii) the driver has previously been found guilty of 22
having committed a type 2 vehicle related offence 23
on 1 previous occasion within the relevant period 24
and has previously been charged with having 25
committed a type 2 vehicle related offence on 1 26
previous occasion within the relevant period and 27
the charge has not been decided; and 28
(c) that an application will be made to a court or a 29
magistrate for an order that the motor vehicle be 30
forfeited to the State, if any of the following apply to the 31
driver at the time of the initiating impoundment-- 32
(i) the driver has previously been charged with having 33
committed type 2 vehicle related offences on at 34
least 3 previous occasions within the relevant 35
period and the charges have not been decided 36
before the initiating impoundment; 37
s 16 16 s 16
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
(ii) the driver has previously been found guilty of 1
having committed type 2 vehicle related offences 2
on at least 3 previous occasions within the relevant 3
period; 4
(iii) the driver has previously been found guilty of 5
having committed a type 2 vehicle related offence 6
on at least 1 previous occasion within the relevant 7
period and has previously been charged with 8
having committed a type 2 vehicle related offence 9
on at least 2 previous occasions within the relevant 10
period and the charges have not been decided 11
before the initiating impoundment; 12
(iv) the driver has previously been found guilty of 13
having committed a type 2 vehicle related offence 14
on at least 2 previous occasions within the relevant 15
period and has previously been charged with 16
having committed a type 2 vehicle related offence 17
on at least 1 previous occasion within the relevant 18
period and the charge has not been decided before 19
the initiating impoundment; and 20
(d) the prescribed impoundment information.'. 21
Clause 16 Amendment of s 85 (Application for impounding order for 22
vehicle related offence) 23
(1) Section 85, heading, after `order for'-- 24
insert-- 25
`type 1'. 26
(2) Section 85(1), other than the note, `vehicle related'-- 27
omit, insert-- 28
`type 1 vehicle related'. 29
(3) Section 85(3), `vehicle related'-- 30
omit, insert-- 31
`type 1 vehicle related'. 32
s 17 17 s 17
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
Clause 17 Insertion of new s 85A 1
After section 85-- 2
insert-- 3
`85A Application for impounding order for type 2 vehicle 4
related offence 5
`(1) This section applies if a motor vehicle has been impounded 6
for a type 2 vehicle related offence and, in addition to the 7
initiating impoundment offence-- 8
(a) the driver of the motor vehicle has previously been 9
charged with having committed type 2 vehicle related 10
offences on 2 previous occasions within the relevant 11
period and the charges have not been decided before the 12
initiating impoundment; or 13
(b) the driver of the motor vehicle has previously been 14
found guilty of type 2 vehicle related offences 15
committed on 2 previous occasions within the relevant 16
period; or 17
(c) the driver of the motor vehicle has previously been 18
found guilty of having committed a type 2 vehicle 19
related offence on 1 previous occasion within the 20
relevant period and has previously been charged with 21
having committed a type 2 vehicle related offence on 1 22
previous occasion within the relevant period and the 23
charge has not been decided before the initiating 24
impoundment. 25
26
Notes--
27
Because of section 70A, applications may only be made for type 2
28
vehicle related offences of the same kind, not a combination of different
29
kinds of type 2 vehicle related offences.
30
For vehicle related offences, the offences do not have to be committed
31
using the same vehicle.
`(2) Within 48 hours after charging the person with the initiating 32
impoundment offence, a police officer must apply in the 33
approved form for an order that the motor vehicle be held at a 34
holding yard for a period of not more than 3 months 35
(impounding order). 36
s 18 18 s 19
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
`(3) The application must be made in relation to 3 type 2 vehicle 1
related offences consisting of-- 2
(a) any 2 type 2 vehicle related offences the circumstances 3
of which apply to the driver under subsection (1)(a), (b) 4
or (c); and 5
(b) the initiating impoundment offence. 6
`(4) The application must be made to the relevant court but may be 7
started by application to a magistrate under section 800 and 8
subsection (6) of this section. 9
`(5) Subsection (4) applies even though the value of the motor 10
vehicle may be more than the maximum amount that may be 11
claimed in a personal action in the civil jurisdiction of a 12
Magistrates Court. 13
`(6) If the application is properly made to a magistrate under 14
section 800, the magistrate must-- 15
(a) order that a police officer may have the application 16
brought on for hearing and decision in the relevant court 17
and adjourn the application to that court; and 18
(b) give a copy of the application and the order to the clerk 19
of the court of the relevant court.'. 20
Clause 18 Amendment of s 87 (Orders on application for 21
impounding order if vehicle related offence not decided) 22
Section 87, `vehicle related'-- 23
omit, insert-- 24
`type 1 vehicle related'. 25
Clause 19 Insertion of new s 87A 26
After section 87-- 27
insert-- 28
`87A Orders on application for impounding order if type 2 29
vehicle related offence not decided 30
`(1) This section applies if-- 31
s 20 19 s 21
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
(a) an application is made to a relevant court for an 1
impounding order under section 85A for a motor vehicle 2
impounded for a type 2 vehicle related offence; and 3
(b) any proceeding on a charge of a type 2 vehicle related 4
offence or offences in relation to which the application 5
is made has not been decided. 6
`(2) If the driver of the motor vehicle has not been found guilty of 7
type 2 vehicle related offences in relation to offences 8
committed on 3 occasions within the prescribed period, the 9
court must adjourn the application until the driver of the 10
motor vehicle is found guilty of charges in relation to offences 11
committed on 3 occasions within the prescribed period. 12
`(3) However, if the application relates to at least 2 type 2 vehicle 13
related offences of which the driver has been found guilty, the 14
court may, if satisfied on application that the motor vehicle 15
should be impounded to stop the commission of another type 16
2 vehicle related offence, order that the motor vehicle be 17
impounded for a further period of not more than 3 months.'. 18
Clause 20 Amendment of s 90 (Application for forfeiture order for 19
vehicle related offence) 20
(1) Section 90, heading, after `order for'-- 21
insert-- 22
`type 1'. 23
(2) Section 90(1), `vehicle related'-- 24
omit, insert-- 25
`type 1 vehicle related'. 26
(3) Section 90(3), `vehicle related'-- 27
omit, insert-- 28
`type 1 vehicle related'. 29
Clause 21 Insertion of new section 90A 30
After section 90-- 31
s 21 20 s 21
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
insert-- 1
`90A Application for forfeiture order for type 2 vehicle 2
related offence 3
`(1) This section applies in relation to a motor vehicle impounded 4
under section 74 for a type 2 vehicle related offence if, at the 5
time of the initiating impoundment, in addition to the 6
initiating impoundment offence, the driver of the motor 7
vehicle has previously been charged with having committed 8
type 2 vehicle related offences on at least 3 previous occasions 9
within the relevant period and any of the following 10
circumstances apply to the driver-- 11
(a) the charges of the type 2 vehicle related offences have 12
not been decided before the initiating impoundment; 13
(b) the driver has been found guilty of at least 1 of the type 14
2 vehicle related offences but the other charge or 15
charges have not been decided before the initiating 16
impoundment; 17
(c) the driver has previously been found guilty of having 18
committed the type 2 vehicle related offences on at least 19
3 previous occasions. 20
21
Notes--
22
For type 2 vehicle related offences, the offences do not have to be
23
committed using the same vehicle.
24
Also, because of section 70A, applications may only be made for type 2
25
vehicle related offences of the same kind, not a combination of different
26
kinds of type 2 vehicle related offences.
`(2) Within 48 hours after charging the person with the initiating 27
impoundment offence, a police officer must apply in the 28
approved form for an order that the motor vehicle be forfeited 29
to the State (forfeiture order). 30
`(3) The application must be made in relation to at least 4 type 2 31
vehicle related offences consisting of-- 32
(a) the type 2 vehicle related offences the circumstances of 33
which apply to the driver under subsection (1)(a), (b) or 34
(c); and 35
(b) the initiating impoundment offence. 36
s 22 21 s 23
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
`(4) The application must be made to the relevant court but may be 1
started by application to a magistrate under section 800 and 2
subsection (6) of this section. 3
`(5) Subsection (4) applies even though the value of the motor 4
vehicle may be more than the maximum amount that may be 5
claimed in a personal action in the civil jurisdiction of a 6
Magistrates Court. 7
`(6) If the application is properly made to a magistrate under 8
section 800, the magistrate must-- 9
(a) order that a police officer may have the application 10
brought on for hearing and decision in the relevant court 11
and adjourn the application to that court; and 12
(b) give a copy of the application and the order to the clerk 13
of the court of the relevant court.'. 14
Clause 22 Amendment of s 92 (Orders on application for forfeiture 15
order if vehicle related offence not decided) 16
Section 92, `vehicle related'-- 17
omit, insert-- 18
`type 1 vehicle related'. 19
Clause 23 Insertion of new s 92A 20
After section 92-- 21
insert-- 22
`92A Orders on application for forfeiture order if type 2 23
vehicle related offence not decided 24
`(1) This section applies if-- 25
(a) an application is made to a relevant court under section 26
90A for a forfeiture order in relation to a motor vehicle 27
impounded for a type 2 vehicle related offence; and 28
(b) any proceeding on a charge of a type 2 vehicle related 29
offence or offences in relation to which the application 30
is made has not been decided. 31
s 24 22 s 25
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
`(2) If the driver of the motor vehicle has not been found guilty of 1
type 2 vehicle related offences in relation to offences 2
committed on 4 occasions within the prescribed period, the 3
court must adjourn the application until the driver is found 4
guilty of charges in relation to type 2 vehicle related offences 5
committed on at least 4 occasions within the prescribed 6
period. 7
`(3) However, if the application relates to at least 1 type 2 vehicle 8
related offence of which the driver has been found guilty, the 9
court may, if satisfied on application that the motor vehicle 10
should be impounded to stop the commission of another type 11
2 vehicle related offence, order that the motor vehicle be 12
impounded for a further period of not more than 3 months.'. 13
Clause 24 Amendment of s 96 (When application to be 14
heard--vehicle related offence) 15
(1) Section 96, `vehicle related'-- 16
omit, insert-- 17
`type 1 vehicle related'. 18
(2) Section 96(4), `divisions 2 and 3'-- 19
omit, insert-- 20
`division 2'. 21
Clause 25 Insertion of new s 96A 22
After section 96-- 23
insert-- 24
`96A When application to be heard--type 2 vehicle 25
related offence 26
`(1) An application for an impounding order in relation to a type 2 27
vehicle related offence must be heard and decided as soon as 28
practicable after the person to whom the application relates is 29
found guilty of 3 type 2 vehicle related offences committed on 30
3 occasions within the prescribed period. 31
`(2) An application for a forfeiture order in relation to a vehicle 32
related offence must be heard and decided as soon as 33
s 26 23 s 28
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
practicable after the person to whom the application relates is 1
found guilty of 4 type 2 vehicle related offences committed on 2
4 occasions within the prescribed period. 3
`(3) However, if, after an application for a forfeiture order in 4
relation to a type 2 vehicle related offence is made-- 5
(a) the person to whom the application relates is found not 6
guilty of 1 of the type 2 vehicle related offences or the 7
proceeding for 1 of the offences is discontinued; and 8
(b) no motor vehicle has previously been impounded for a 9
type 2 vehicle related offence committed within the 10
relevant period on an application for an impounding 11
order made in relation to that person for an offence to 12
which the application for the forfeiture order relates; 13
the relevant court may hear and decide the application for the 14
forfeiture order as if it were an application for an impounding 15
order. 16
`(4) An application to which subsection (3) applies is taken, for 17
division 2A, to be an application for an impounding order.'. 18
Clause 26 Amendment of s 97 (When application to be 19
heard--motorbike noise order offence) 20
Section 97(4), `divisions 2 and 3'-- 21
omit, insert-- 22
`division 3'. 23
Clause 27 Amendment of ch 4, pt 5, div 2 hdg (Consideration of 24
application if made for vehicle related offence) 25
Chapter 4, part 5, division 2, heading, after `made for'-- 26
insert-- 27
`type 1'. 28
Clause 28 Amendment of s 98 (Consideration of application for 29
impounding order) 30
(1) Section 98, heading, after `order'-- 31
s 29 24 s 29
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
insert-- 1
`--type 1 vehicle related offence'. 2
(2) Section 98(1), `vehicle related'-- 3
omit, insert-- 4
`type 1 vehicle related'. 5
(3) Section 98(3)-- 6
omit, insert-- 7
`(3) Despite subsection (1), the relevant court may-- 8
(a) make an order under section 102 for the performance by 9
the driver of the motor vehicle of community service as 10
decided by the court; and 11
(b) order that the motor vehicle be released to the owner.'. 12
Clause 29 Amendment of s 99 (Consideration of application for 13
forfeiture order) 14
(1) Section 99, heading, after `order'-- 15
insert-- 16
`--type 1 vehicle related offence'. 17
(2) Section 99, `vehicle related'-- 18
omit, insert-- 19
`type 1 vehicle related'. 20
(3) Section 99(4)-- 21
omit, insert-- 22
`(4) Despite subsection (1), the relevant court may-- 23
(a) make an order under section 102 for the performance by 24
the driver of the motor vehicle of community service as 25
decided by the court; and 26
(b) order that the motor vehicle be released to the owner.'. 27
s 30 25 s 30
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
Clause 30 Insertion of new ch 4, pt 5, div 2A 1
Chapter 4, part 5-- 2
insert-- 3
`Division 2A Consideration of application if 4
made for type 2 vehicle related 5
offence 6
`99A Consideration of application for impounding 7
order--type 2 vehicle related offence 8
`(1) On the hearing of the application for an impounding order for 9
a type 2 vehicle related offence, the relevant court may, if the 10
driver of the motor vehicle has been found guilty of a type 2 11
vehicle related offence committed on 3 occasions within the 12
prescribed period, order that the motor vehicle be impounded 13
for a stated period of not more than 3 months. 14
15
Notes--
16
Because of section 70A, applications may only be made for type 2
17
vehicle related offences of the same kind, not a combination of different
18
kinds of type 2 vehicle related offences.
19
Also, section 110 makes provision for enforcing the order.
`(2) Also, if the driver of the motor vehicle was a child when the 20
last offence was committed, the relevant court must consider 21
whether to make a costs order under section 103. 22
`(3) Despite subsection (1), the relevant court may-- 23
(a) make an order under section 102 for the performance by 24
the driver of the motor vehicle of community service as 25
decided by the court; and 26
(b) order that the motor vehicle be released to the owner. 27
`(4) Also, if an owner of the motor vehicle raises the defence 28
mentioned in section 107 and the relevant court is satisfied the 29
defence has been made out, the court may order that the motor 30
vehicle be released to the owner. 31
s 30 26 s 30
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
`99B Consideration of application for forfeiture 1
order--type 2 vehicle related offence 2
`(1) On the hearing of an application for a forfeiture order for a 3
type 2 vehicle related offence, the relevant court may order 4
that the motor vehicle be forfeited to the State or impounded 5
for the period, of not more than 3 months, fixed by the court if 6
the driver of the motor vehicle has been found guilty of a type 7
2 vehicle related offence committed on 4 occasions within the 8
prescribed period. 9
10
Note--
11
Section 110 makes provision for enforcing the order.
`(2) If-- 12
(a) under subsection (1), the relevant court orders the 13
impounding of the motor vehicle to which the 14
application relates; and 15
(b) a relevant court has previously made an impounding 16
order under section 99A for a type 2 vehicle related 17
offence committed within the relevant period and 18
forming the basis of the application; 19
the motor vehicle is impounded under subsection (1) for the 20
type 2 vehicle related offence giving rise to the application for 21
the forfeiture order and not for a type 2 vehicle related offence 22
to which the impounding order under section 99A relates. 23
`(3) Also, if the driver of the motor vehicle was a child when the 24
last offence was committed, the relevant court must consider 25
whether to make a costs order under section 103. 26
`(4) Despite subsection (1), the relevant court may-- 27
(a) make an order under section 102 for the performance by 28
the driver of the motor vehicle of community service as 29
decided by the court; and 30
(b) order that the motor vehicle be released to the owner. 31
`(5) Also, if an owner of the motor vehicle raises the defence 32
mentioned in section 107 and the relevant court is satisfied the 33
defence has been made out, the court may order that the motor 34
vehicle be released to the owner. 35
s 31 27 s 33
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
`(6) On the making of a forfeiture order for a motor vehicle-- 1
(a) the vehicle becomes the property of the State; and 2
(b) any right of a person to enforce a charge or other 3
security interest registered under the Motor Vehicles and 4
Boats Securities Act 1986 against a person other than 5
the State by taking possession of the vehicle is 6
extinguished.'. 7
Clause 31 Amendment of s 100 (Consideration of application for 8
impounding order) 9
Section 100(3)-- 10
omit, insert-- 11
`(3) Despite subsection (1), the relevant court may-- 12
(a) make an order under section 102 for the performance by 13
the driver of the motorbike of community service as 14
decided by the court; and 15
(b) order that the motorbike be released to the owner.'. 16
Clause 32 Amendment of s 101 (Consideration of application for 17
forfeiture order) 18
Section 101(4)-- 19
omit, insert-- 20
`(4) Despite subsection (1), the relevant court may-- 21
(a) make an order under section 102 for the performance by 22
the driver of the motorbike of community service as 23
decided by the court; and 24
(b) order that the motorbike be released to the owner.'. 25
Clause 33 Amendment of s 108 (Counting the occasions) 26
(1) Section 108, heading, after `occasions'-- 27
insert-- 28
`--general'. 29
s 33 28 s 33
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
(2) Section 108(1), from `81,' to `99'-- 1
omit, insert-- 2
`81 to 81B, 84, 85, 85A, 87, 87A, 90, 90A, 92, 92A, 93, 96 to 3
99B'. 4
(3) Section 108(1)-- 5
insert-- 6
7
`Note--
8
Because of section 70A, applications may only be made for type 1
9
vehicle related offences of any kind or type 2 vehicle related offences of
10
the same kind, not a combination of type 1 and type 2 vehicle related
11
offences or a combination of different kinds of type 2 vehicle related
12
offences.'.
(4) Before section 108(3), as a heading-- 13
insert-- 14
`108A References to previous occasions in ss 81, 81B, 84, 85, 15
85A, 90, 90A and 91'. 16
(5) Section 108(3), `84, 85, 90'-- 17
omit, insert-- 18
`81B, 84, 85, 85A, 90, 90A'. 19
(6) Section 108(3)-- 20
insert-- 21
22
`Note--
23
Because of section 70A, applications may only be made for type 2
24
vehicle related offences of the same kind, not a combination of different
25
kinds of type 2 vehicle related offences.'.
(7) Section 108(3), as amended-- 26
renumber as section 108A. 27
(8) Before section 108(4), as a heading-- 28
insert-- 29
`108B Matters for decisions under ss 85, 85A, 87, 87A, 90-93 and 30
96-99B and 101'. 31
(9) Section 108(4), from `subsections (1) to (3)' to `99'-- 32
omit, insert-- 33
s 34 29 s 35
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
`sections 108 and 108A, for a decision under sections 85, 1
85A, 87, 87A, 90 to 93, 96 to 99B'. 2
(10) Section 108(4)-- 3
insert-- 4
5
`Note--
6
Because of section 70A, applications may only be made for type 1
7
vehicle related offences of any kind or type 2 vehicle related offences of
8
the same kind, not a combination of type 1 and type 2 vehicle related
9
offences or a combination of different kinds of type 2 vehicle related
10
offences.'.
(11) Section 108(4), as amended and section 108(5)-- 11
renumber as section 108B(1) and (2). 12
Clause 34 Amendment of s 111 (State's liability to pay costs of 13
impounding) 14
(1) Section 111(1), `the State is liable'-- 15
omit, insert-- 16
`the State is not liable'. 17
(2) Section 111(2)-- 18
omit, insert-- 19
`(2) However, the State is liable to pay the costs of removing an 20
impounded vehicle and keeping it if-- 21
(a) the driver of the motor vehicle-- 22
(i) was a child when he or she committed the offence 23
for which it was impounded; or 24
(ii) is found not guilty of the offence for which the 25
motor vehicle was impounded; or 26
(b) the proceeding for the offence for which the motor 27
vehicle was impounded is withdrawn.'. 28
Clause 35 Amendment of s 112 (Liability to pay costs of 29
impounding--adult driver) 30
Section 112(3)-- 31
s 36 30 s 39
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
omit, insert-- 1
`(3) If the driver is found guilty of the prescribed offence or 2
motorbike noise direction offence, any costs paid by someone 3
else on the driver's behalf become a debt payable to the other 4
person by the driver.'. 5
Clause 36 Amendment of s 113 (Liability to pay costs of 6
impounding--child driver) 7
(1) Section 113(3), `111(1)'-- 8
omit, insert-- 9
`111(2)'. 10
(2) Section 113(4), `111(1)'-- 11
omit, insert-- 12
`111(2)'. 13
Clause 37 Amendment of s 114 (Payment of costs if motor vehicle 14
not recovered) 15
(1) Section 114(3)(a), `personally'-- 16
omit. 17
(2) Section 114(4), `personally'-- 18
omit. 19
Clause 38 Amendment of s 115 (Registration of costs under State 20
Penalties Enforcement Act 1999) 21
Section 115(1), `under this division'-- 22
omit, insert-- 23
`under section 113(4)'. 24
Clause 39 Amendment of s 116 (Release of motor vehicle 25
impounded under s 74) 26
(1) Section 116(3) and (4)-- 27
s 40 31 s 40
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
renumber as section 116(4) and (5). 1
(2) Section 116(2)-- 2
omit, insert-- 3
`(2) If the owner of the motor vehicle is liable to pay the costs of 4
removing the motor vehicle to, and keeping it at, the holding 5
yard at which it is kept, including under an impounding order, 6
the owner is entitled, when the impoundment period for which 7
the motor vehicle is impounded ends, and on payment of the 8
costs, to recover the motor vehicle from the holding yard. 9
`(3) If, under section 111(2), the State is liable to pay the costs of 10
removing the motor vehicle to, and keeping it at, the holding 11
yard at which it is kept, the owner is entitled, when the 12
impoundment period for which the motor vehicle is 13
impounded ends, to recover the motor vehicle from the 14
holding yard, whether or not the State has paid the costs.'. 15
(3) Section 116(4), as renumbered, after `request is made'-- 16
insert-- 17
`and on payment of any costs for which the owner is liable as 18
mentioned in subsection (2)'. 19
Clause 40 Replacement of s 118 (Sale of motor vehicle if not 20
recovered after impounding ends) 21
Section 118-- 22
omit, insert-- 23
`118 Sale of motor vehicle if not recovered after 24
impounding ends 25
`(1) This section applies if, within 30 days after a period of 26
impounding ends-- 27
(a) the owner of the motor vehicle does not recover the 28
motor vehicle; or 29
(b) after making reasonable inquiries, a police officer can 30
not find out who owns the motor vehicle. 31
s 41 32 s 42
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
`(2) The commissioner may sell the motor vehicle and anything in 1
or on it by public auction or dispose of it in the way the 2
commissioner considers appropriate. 3
`(3) For subsection (2), the motor vehicle is taken to have been 4
forfeited to the State. 5
`(4) Notice of the proposed sale or disposal must be given by 6
advertisement in a newspaper circulating in the locality where 7
the vehicle was impounded but may, if the owner is not 8
known, be given by using the police service internet website. 9
`(5) Also, the commissioner must give written notice of the 10
proposed sale or disposal of the motor vehicle to the owner, if 11
the owner is known. 12
`(6) However, if the name of the owner of the motor vehicle is not 13
known or the owner can not be located, the notice mentioned 14
in subsection (5) may be given by making the information 15
about the proposed sale of the motor vehicle, but not the 16
owner's name and address, available on the police service 17
internet website. 18
`(7) If notice as required under subsection (5) is given as 19
mentioned in subsection (6), the owner is taken, for this 20
section, to have been given notice of the proposed sale of the 21
motor vehicle.'. 22
Clause 41 Amendment of s 800 (Obtaining warrants, orders and 23
authorities, etc., by telephone or similar facility) 24
Section 800(1), `86(6), 90(6)'-- 25
omit, insert-- 26
`85A(6), 86(6), 90(6), 90A(6)'. 27
Clause 42 Insertion of new ch 24, pt 9 28
Chapter 24-- 29
insert-- 30
s 42 33 s 42
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
`Part 9 Transitional provisions for 1
Police Powers and 2
Responsibilities and Other 3
Legislation Amendment Act 4
2006 5
`862 Costs of impoundment 6
`Sections 111 to 116, as in force immediately before 1 July 7
2007, continue to apply in relation to a motor vehicle 8
impounded before 1 July 2007 but not released to its owner 9
before that date as if those sections had not been amended by 10
the Police Powers and Responsibilities and Other Legislation 11
Amendment Act 2006. 12
`863 Existing references 13
`(1) This section applies to a notice, order or other document 14
issued or made under a provision of chapter 4, as in force 15
immediately before the commencement of this section if-- 16
(a) the provision is amended by the Police Powers and 17
Responsibilities and Other Legislation Amendment Act 18
2006; and 19
(b) the purpose for issuing the document or making the 20
order has not ended or the proceeding to which it relates 21
has not ended before that commencement. 22
`(2) A reference in the notice, order or document to a vehicle 23
related office is taken to be a reference to a type 1 vehicle 24
related offence. 25
`864 Amendment of regulation by Police Powers and 26
Responsibilities and Other Legislation Amendment 27
Act 2006 does not affect powers of Governor in 28
Council 29
`The amendment of the Police Powers and Responsibilities 30
Regulation 2000 by the Police Powers and Responsibilities 31
and Other Legislation Amendment Act 2006 does not affect 32
s 43 34 s 45
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
the power of the Governor in Council to further amend the 1
regulation or to repeal it.'. 2
Clause 43 Amendment of sch 6 (Dictionary) 3
Schedule 6-- 4
insert-- 5
`costs of removing and keeping a motor vehicle impounded 6
under this Act, means the amounts prescribed under a 7
regulation under the Tow Truck Act 1973, section 43(2)(r) for 8
this Act. 9
type 1 vehicle related offence see section 69A. 10
type 2 vehicle related offence see section 69A.'. 11
Part 3 Amendment of Police Powers 12
and Responsibilities 13
Regulation 2000 14
Clause 44 Regulation amended in pt 3 15
This part amends the Police Powers and Responsibilities 16
Regulation 2000. 17
Clause 45 Insertion of new s 10B 18
After section 10A-- 19
insert-- 20
`10B Declared sections for Act, s 69A, definition type 2 21
vehicle related offence, paragraph (e) 22
`Each of the following provisions of the Transport Operations 23
(Road Use Management--Vehicle Standards and Safety) 24
Regulation 1999 is an offence prescribed for the Act, section 25
69A, definition type 2 vehicle related offence, paragraph (e)-- 26
(a) section 5(1)(a), (b), (f) and (g); 27
s 46 35 s 47
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
(b) section 9; 1
(c) section 30.'. 2
Part 4 Amendment of Maritime and 3
Other Legislation Amendment 4
Act 2006 5
Clause 46 Act amended in pt 4 6
This part amends the Maritime and Other Legislation 7
Amendment Act 2006. 8
Clause 47 Amendment of s 143 (Insertion of new ss 79B79D in Act 9
No. 9 of 1995) 10
(1) Section 143, inserted section 79B(1)(c), `another offence 11
under section 79(2), (2A), (2B) or (2J)'-- 12
omit, insert-- 13
`a section 79B offence'. 14
(2) Section 143, inserted section 79B(1)(d)-- 15
omit, insert-- 16
`(d) charged under the Criminal Code, section 328A(1) or 17
(4) with the dangerous operation of a motor vehicle, 18
when accompanied by the circumstance of aggravation 19
that at the time of committing the offence the person 20
was adversely affected by an intoxicating substance and 21
the following circumstances also applied-- 22
(i) the intoxicating substance was alcohol; 23
(ii) the person was over the following alcohol limit-- 24
(A) the general alcohol limit; 25
(B) for a person mentioned in section 79(2A), 26
(2B) or (2J)--the no alcohol limit.'. 27
s 48 36 s 48
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
(3) Section 143, inserted section 79B(5)-- 1
omit, insert-- 2
` `(5) The suspension or disqualification under subsection (2), (3) or 3
(4) starts when the person is charged and ends-- 4
(a) for a suspension of a Queensland driver licence in 5
relation to which a court may make an order under 6
section 79E, when the first of the following happens-- 7
(i) a replacement licence is issued to the person under 8
section 79F; 9
(ii) the charge is dealt with by a court or is withdrawn 10
or otherwise discontinued; or 11
(b) in any other case, when the charge is dealt with by a 12
court or is withdrawn or otherwise discontinued. 13
14
Note--
15
Section 127 provides for consequences for disqualifications,
16
suspensions, etc. In particular, see section 127(4) and (5).'.
(4) Section 143, inserted section 79B(7)-- 17
insert-- 18
`section 79B offence means an offence against a provision 19
mentioned in subsection (1).'. 20
Clause 48 Amendment of s 144A (Insertion of new ss 90A90D in 21
Act No. 9 of 1995) 22
(1) Section 144A, inserted section 90A, definition drink driving 23
offence, paragraph (a)(vi), from `150AB' to `that 24
regulation'-- 25
omit, insert-- 26
`79E(4) for failing to comply with an order under section 27
79E(2)'. 28
(2) Section 144A, inserted section 90A, definition relevant 29
disqualifying provision, paragraph (e), from `150AB' to `the 30
regulation'-- 31
omit, insert-- 32
s 49 37 s 52
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
`79E(4) providing for the disqualification of a person for 1
failing to comply with an order under section 79E(2)'. 2
Clause 49 Omission of s 145 (Insertion of new s 150AB in Act No. 9 3
of 1995) 4
Section 145-- 5
omit. 6
Part 5 Amendment of Tow Truck Act 7
1973 8
Clause 50 Act amended in pt 5 9
This part amends the Tow Truck Act 1973. 10
Clause 51 Amendment of s 38 (Exemptions) 11
Section 38(2), from `or 5'-- 12
omit, insert-- 13
`, 5 or 22 applies to the person.'. 14
Clause 52 Amendment of s 43 (Regulation making power) 15
(1) Section 43, heading, `Regulation making'-- 16
omit, insert-- 17
`Regulation-making'. 18
(2) Section 43(2)(r), from `chapter'-- 19
omit, insert-- 20
`chapter 4 or 22;'. 21
s 53 38 s 55
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
Part 6 Amendment of Transport 1
Operations (Road Use 2
Management) Act 1995 3
Clause 53 Act amended in pt 6 4
This part amends the Transport Operations (Road Use 5
Management Act) 1995. 6
Clause 54 Amendment of s 79 (Driving etc. whilst under influence of 7
liquor or drugs or with prescribed concentration of 8
alcohol in blood or breath) 9
Section 79(2J), after `licence,'-- 10
insert-- 11
`or to whom a replacement licence is issued under section 12
79F,'. 13
Clause 55 Insertion of new ss 79E and 79F 14
After section 79D-- 15
insert-- 16
`79E Court may allow particular person whose licence is 17
suspended under s 79B to drive 18
`(1) This section applies to a person-- 19
(a) whose Queensland driver licence is suspended under 20
section 79B(2) because the person has been charged as 21
mentioned in section 79B(1)(a), (b) or (d); and 22
(b) who is eligible, and who applies, under a regulation as 23
mentioned in subsection (4). 24
`(2) On application to a court by the person, the court may, by 25
order, authorise the person to continue to drive motor vehicles 26
under the licence, including a renewal of the licence, in stated 27
circumstances. 28
s 55 39 s 55
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
`(3) Despite the order, the person is not authorised to drive a motor 1
vehicle under a Queensland driver licence until the person 2
obtains a replacement licence under section 79F. 3
4
Note--
5
Until a replacement licence is obtained under 79F, the suspension
6
continues under section 79B and it would be an offence against section
7
78 for the person to drive a motor vehicle for which a licence is
8
required.
`(4) A regulation may provide for matters relating to an order 9
under subsection (2), including, for example, the following-- 10
(a) the persons who are eligible, and who are not eligible, to 11
apply for an order; 12
(b) how and when an application for an order is to be made; 13
(c) the criteria to be used in deciding an application for an 14
order; 15
(d) the types of restrictions the court may or must apply to a 16
licence; 17
(e) the period for which an order is effective; 18
(f) variation of an order; 19
(g) the consequences for failing to comply with an order or 20
a restriction applicable to a licence, including, for 21
example, the creation of offences and the 22
disqualification of a person from holding or obtaining a 23
licence. 24
`79F Replacement licence if there is an order under s 79E 25
`(1) This section applies to a person authorised to continue to drive 26
motor vehicles by an order under section 79E (a section 79E 27
order). 28
`(2) The person may apply, in an approved form, for a form of 29
licence (a replacement licence) that is the same kind, class or 30
description as the licence suspended under section 79B except 31
for the inclusion of a code indicating that the holder of the 32
licence is authorised to drive motor vehicles only under an 33
order under section 79E. 34
s 56 40 s 58
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
`(3) In making a decision about the application, the chief executive 1
must-- 2
(a) have regard to the section 79E order; and 3
(b) deal with the application as if it were an application for 4
a Queensland driver licence. 5
`(4) Despite subsection (3)(b), the chief executive may only refuse 6
the application if under an Act-- 7
(a) the person's licence is suspended or cancelled, or the 8
person is disqualified from holding or obtaining a 9
Queensland driver licence, for a reason other than the 10
reason that resulted in the suspension to which the 11
section 79E order relates; or 12
(b) the person's licence would have been suspended or 13
cancelled, or the person would have been disqualified 14
from holding or obtaining a Queensland driver licence, 15
except the person's licence was already suspended under 16
section 79B(2).'. 17
Clause 56 Amendment of s 81 (Notices to offenders for certain first 18
offences) 19
Section 81(1)(a), `, (2D) or (2J)'-- 20
omit, insert-- 21
`or (2D), or against (2J) while the person is the holder of a 22
restricted licence'. 23
Clause 57 Amendment of s 86 (Disqualification of drivers of motor 24
vehicles for certain offences) 25
Section 86(2)(e), after `a driver licence'-- 26
insert-- 27
`, was a person to whom a replacement licence is issued under 28
section 79F'. 29
Clause 58 Amendment of s 127 (Effect of disqualification) 30
(1) Section 127(7), from `obtains'-- 31
s 58 41 s 58
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
omit, insert-- 1
`obtains-- 2
(a) a restricted licence under an order made under section 3
87; or 4
(b) a replacement licence under section 79F.'. 5
(2) Section 127(13), from `apply to'-- 6
omit, insert-- 7
`apply to either of the following obtained by or issued to any 8
person-- 9
(a) a restricted licence under an order made under section 10
87; 11
(b) a replacement licence under section 79F.'. 12
© State of Queensland 2006
AMENDMENTS TO BILL
1
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2006
Police Powers and Responsibilities and
Other Legislation Amendment Bill 2006
Amendments agreed to during Consideration
1 Clause 47 (Amendment of s 143 (Insertion of new ss
79B79D in Act No. 9 of 1995))--
At page 35, lines 11 to 14--
omit, insert--
`(1) Section 143, inserted section 79B(1)--
insert--
`(ca) charged under section 79(2), (2A), (2B) or (2J) with an
offence committed after a replacement licence is issued,
and while a section 79E order applies, to the person;
or'.'.
2 Clause 47 (Amendment of s 143 (Insertion of new ss
79B79D in Act No. 9 of 1995))--
At page 36, lines 19 and 20--
omit, insert--
` `replacement licence see section 79F(2).
section 79E order see section 79F(1).'.'.
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