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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Police Powers and
Responsibilities (Motorbike
Noise) Amendment Bill 2005
Queensland
Police Powers and Responsibilities
(Motorbike Noise) Amendment Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Police Powers and Responsibilities Act 2000
3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 34 (Power for age-related offences) . . . . . . . . . 8
5 Amendment of s 50 (Power for regulating traffic) . . . . . . . . . . . . . 9
6 Amendment of s 51 (Stopping vehicles for prescribed purposes) 9
7 Replacement of ch 2, pt 6, div 2 hdg and ss 59A59LA . . . . . . . 10
Chapter 2B Motor vehicle impounding powers for
prescribed offences and motorbike noise
direction offences
Part 1 Preliminary
Division 1 Interpretation
59A Definitions for ch 2B . . . . . . . . . . . . . . . . . . . . . . . . . . 10
59B References to motor vehicle includes motorbike . . . . 14
59C When a person is charged for this chapter in
relation to a prescribed offence if a proceeding for
the offence is started by notice to appear or arrest . . 15
59D Punishment under this chapter is in addition to
other punishment for the same offence . . . . . . . . . . . 15
Division 2 Relationship with other legislation
59E Consumer Credit Code. . . . . . . . . . . . . . . . . . . . . . . . 15
Part 2 Impounding motor vehicles
Division 1 Impounding powers and duties after
impounding
59F Impounding motor vehicles . . . . . . . . . . . . . . . . . . . . 16
59G Particular powers for impounding motor vehicles . . . . 16
2
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
59H Duties of police officer after impounding motor
vehicle .............................. 17
59I Police officer may authorise tow . . . . . . . . . . . . . . . . . 18
59J Impounding notice for vehicle related offence . . . . . . 19
59K Impounding notice for motorbike noise direction
offence or motorbike noise order offence . . . . . . . . . . 19
Division 2 Notice requirements for motor vehicles
impounded for vehicle related offences
59L Content of notice for first vehicle related offence . . . . 20
59LA Content of notice for second or subsequent vehicle
related offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 3 Notice requirements for motorbikes
impounded for motorbike noise direction
offences
59LB Content of notice for motorbike noise direction
offence .............................. 22
Division 4 Notice requirements for motorbikes
impounded for motorbike noise order offences
59LC Content of notice for first motorbike noise order
offence .............................. 23
59LD Content of notice for second or subsequent
motorbike noise order offence . . . . . . . . . . . . . . . . . . 23
Part 3 Obtaining impounding orders
Division 1 Impounding order application provisions
59LE Application for impounding order for vehicle related
offence ................................. 25
59LF Application for impounding order for motorbike
noise order offence. . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 2 Orders if offence not decided
59LG Orders on application for impounding order if
vehicle related offence not decided . . . . . . . . . . . . . . 27
59LH Orders on application for impounding order if
motorbike noise order offence not decided . . . . . . . . 27
Division 3 Advice of date of hearing
59LI Advice to owner of date of hearing. . . . . . . . . . . . . . . 28
Part 4 Obtaining forfeiture orders
Division 1 Forfeiture order application provisions
59LJ Application for forfeiture order for vehicle related
offence ............................... 28
59LK Application for forfeiture order for motorbike noise
order offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
3
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
Division 2 Orders if offence not decided
59LL Orders on application for forfeiture order if vehicle
related offence not decided . . . . . . . . . . . . . . . . . . . . 31
59LM Orders on application for forfeiture order if
motorbike noise order offence not decided . . . . . . . . 31
Division 3 Advice of date of hearing
59LN Advice to owner of date of hearing. . . . . . . . . . . . . . . 32
Part 5 Deciding applications
Division 1 Where and when an application may be heard
59LO Where application is to be decided . . . . . . . . . . . . . . 33
59LP When application to be heard--vehicle related
offence .............................. 33
59LQ When application to be heard--motorbike noise
order offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2 Consideration of application if made for vehicle
related offence
59LR Consideration of application for impounding order . . . 34
59LS Consideration of application for forfeiture order . . . . . 34
Division 3 Consideration of application if made for
motorbike noise order offence
59LT Consideration of application for impounding order . . . 35
59LU Consideration of application for forfeiture order . . . . . 36
Division 4 Other provisions about applications and orders
Subdivision 1 Community service orders
59LV Community service instead of impounding or
forfeiture order ............................ 37
Subdivision 2 Costs orders for child drivers
59LW Costs order for child drivers . . . . . . . . . . . . . . . . . . . . 38
59LX Application of applied sections for s 59LW . . . . . . . . . 38
Subdivision 3 Offences
59LY Offence to remove vehicle from holding yard . . . . . . . 40
59LZ Offence to modify, sell or dispose of motor vehicle
before application decided . . . . . . . . . . . . . . . . . . . . . 40
8 Insertion of new s 59MA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
59MA Counting the occasions . . . . . . . . . . . . . . . . . . . . . . . 41
9 Amendment of s 59N (Appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
10 Amendment of s 59O (Powers for enforcing court order) . . . . . . . 43
11 Replacement of s 59P (Who must pay costs of impounding). . . . 43
Part 6 Other provisions
4
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
Division 1 Liability for cost of impounding
59P State's liability to pay costs of impounding . . . . . . . . . 43
59PA Liability to pay costs of impounding--adult driver . . . 44
59PB Liability to pay costs of impounding--child driver. . . . 44
59PC Payment of costs if motor vehicle not recovered . . . . 45
59PD Registration of costs under State Penalties
Enforcement Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . 46
12 Replacement of ss 59Q-59W . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
59Q Release of motor vehicle impounded under
section 59F ............................ 47
59R Release of motor vehicle if driver found not guilty etc. 47
Division 3 Sale, transfer or disposal of impounded or
forfeited motor vehicle
59S Sale of motor vehicle if not recovered after
impounding ends ......................... 48
59T Voluntary transfer of ownership of motor vehicle to
State ................................. 48
59U Disposal of forfeited motor vehicle . . . . . . . . . . . . . . . 49
59V Application of proceeds of sale . . . . . . . . . . . . . . . . . 49
Division 4 Other provisions
59W Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 49
13 Amendment of s 59X (Third party protection from forfeiture
order) ........................................ 50
14 Insertion of new ch 2C and ch 2D, pts 1 and 2. . . . . . . . . . . . . . . 51
Chapter 2C Vehicle removal powers generally
Division 1 Seizing or moving vehicles
59Y Removal of vehicles from roads and other places . . . 51
59Z Prescribed circumstances for s 59Y . . . . . . . . . . . . . . 51
Division 2 Other provisions about seizure
59ZA Steps after seizing vehicle . . . . . . . . . . . . . . . . . . . . . 52
59ZB Recovery of seized vehicle. . . . . . . . . . . . . . . . . . . . . 53
59ZC Application of proceeds of sale . . . . . . . . . . . . . . . . . 53
Division 3 General towing authority
59ZD Police officer may authorise tow after seizure under
any Act ................................ 54
Chapter 2D Powers relating to animals
Part 1 Interpretation
59ZE Definition for ch 2D . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
5
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
Part 2 General powers
59ZF Power of inquiry into road use contraventions
involving an animal . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
59ZG Power to require information about identity of
person in charge of animal ................. 56
59ZH Power of entry for ss 59ZF59ZG . . . . . . . . . . . . . . . 56
59ZI Power for regulating traffic . . . . . . . . . . . . . . . . . . . . . 56
15 Amendment of s 65B (Power to give animal welfare direction) . . 57
16 Amendment of s 68 (Search warrant application) . . . . . . . . . . . . 57
17 Replacement of s 358 (Application of pt 3) . . . . . . . . . . . . . . . . . 58
Division 1 Noise abatement direction
358 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
18 Insertion of new ss 359A359C . . . . . . . . . . . . . . . . . . . . . . . . . . 58
359A How to decide what is excessive noise--noise
emitted from a place. . . . . . . . . . . . . . . . . . . . . . . . . . 58
359B How to decide what is excessive noise--noise
emitted by motorbike driven on a place that is not a
road ................................. 59
359C How to decide what is excessive noise--noise
emitted in other particular circumstances. . . . . . . . . . 60
19 Replacement of s 360 (Powers of police officers on
investigation of excessive noise) . . . . . . . . . . . . . . . . . . . . . . . . . 61
360 Powers of police officer to deal with excessive noise . 61
20 Amendment of s 361 (Compliance with noise abatement
direction) ....................................... 62
21 Amendment of s 362 (Additional powers of police officers on
later investigation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
22 Amendment of s 365 (Recovery of costs of seizure etc.) . . . . . . . 64
23 Insertion of new ch 9, pt 3, div 2. . . . . . . . . . . . . . . . . . . . . . . . . . 64
Division 2 Noise abatement order
367A Noise abatement order--application for order . . . . . . 64
367B Noise abatement order--making the order . . . . . . . . 66
367C Noise abatement order--appeal against order . . . . . 68
24 Amendment of s 451 (Obtaining warrants, orders and
authorities, etc., by telephone or similar facility). . . . . . . . . . . . . . 68
25 Insertion of new section 458A . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
458A Review of motorbike noise provisions . . . . . . . . . . . . 68
26 Amendment of s 459 (Regulation-making power) . . . . . . . . . . . . 69
27 Insertion of new ch 13, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
6
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
Part 6 Transitional provisions for Police Powers and
Responsibilities (Motorbike Noise)
Amendment Act 2005
504 Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
505 Existing proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 70
506 Existing impoundments . . . . . . . . . . . . . . . . . . . . . . . 71
507 Existing orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
508 Existing references . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
28 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 72
Part 3 Amendment of Tow Truck Act 1973
29 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
30 Amendment of s 38 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . . 73
31 Amendment of s 43 (Regulation making power) . . . . . . . . . . . . . 74
Part 4 Amendment of Summary Offences Act 2005
32 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
33 Insertion of new s 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
11A Unlawful driving of motorbike on public land . . . . . . . 74
34 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Part 3A General
28A Regulation-making power. . . . . . . . . . . . . . . . . . . . . . 75
Schedule Minor and consequential amendments of Police Powers and
Responsibilities Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
2005
A Bill
for
An Act to amend the Police Powers and Responsibilities Act
2000, and for other purposes
s1 8 s4
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
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 (Motorbike Noise) Amendment Act 2005. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Police Powers 8
and Responsibilities Act 2000 9
Clause 3 Act amended in pt 2 and schedule 10
This part and the schedule amend the Police Powers and 11
Responsibilities Act 2000. 12
Clause 4 Amendment of s 34 (Power for age-related offences) 13
(1) Section 34, heading, after `offences'-- 14
insert-- 15
`and for particular motor vehicle related purposes'. 16
(2) Section 34(1)-- 17
insert-- 18
`(c) the person's age is relevant to any of the following-- 19
s5 9 s6
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
(i) giving a notice in relation to a motor vehicle 1
impounded under chapter 2B;1 2
(ii) giving a noise abatement direction in relation to 3
excessive noise emitted by a motorbike being 4
driven on a place other than a road; 5
(iii) the making of an application for an impounding 6
order or a forfeiture order under chapter 2B; 7
(iv) the making of an application under section 367A2 8
for a noise abatement order.'. 9
Clause 5 Amendment of s 50 (Power for regulating traffic) 10
(1) Section 50(1), `or animal'-- 11
omit. 12
(2) Section 50(5)-- 13
omit. 14
Clause 6 Amendment of s 51 (Stopping vehicles for prescribed 15
purposes) 16
(1) Section 51(3)-- 17
insert-- 18
`(f) to investigate the emission of excessive noise from-- 19
(i) a motor vehicle on a road or in a public place; or 20
(ii) a motorbike being driven on a place other than a 21
road; 22
(g) to give a noise abatement direction to the person 23
responsible for the emission of excessive noise from-- 24
(i) a motor vehicle on a road or in a public place; or 25
(ii) a motorbike being driven on a place other than a 26
road; 27
1 Chapter 2B (Motor vehicle impounding powers for prescribed offences and
motorbike noise direction offences)
2 Section 367A (Noise abatement order--application for order)
s7 10 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
1
Note--
2
For the power to give noise abatement directions, see section
3
360.3
(h) to impound a motor vehicle under chapter 2B.4'. 4
(2) Section 51(6)-- 5
insert-- 6
`excessive noise means excessive noise mentioned in section 7
358(1) and to which chapter 9, part 3 applies.'. 8
Clause 7 Replacement of ch 2, pt 6, div 2 hdg and ss 59A59LA 9
Chapter 2, part 6, division 2, heading, and sections 59A to 10
59LA-- 11
omit, insert-- 12
`Chapter 2B Motor vehicle impounding 13
powers for prescribed 14
offences and motorbike 15
noise direction offences 16
`Part 1 Preliminary 17
`Division 1 Interpretation 18
`59A Definitions for ch 2B 19
`In this chapter-- 20
applied section 258 see section 59LW.5 21
applied section 259 see section 59LW. 22
3 Section 360 (Powers of police officer to deal with excessive noise)
4 Chapter 2B (Motor vehicle impounding powers for prescribed offences and
motorbike noise direction offences)
5 Section 59LW (Costs order for child drivers)
s7 11 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
burn out, for a motor vehicle, means wilfully drive the motor 1
vehicle in a way that causes the tyres or a substance poured 2
onto the road surface, or both, to smoke when the drive wheels 3
lose traction with the road surface. 4
excessive noise means excessive noise mentioned in section 5
358(1) and to which chapter 9, part 3 applies. 6
forfeiture order-- 7
(a) for a vehicle related offence--see section 59LJ(2); or 8
(b) for a motorbike noise order offence--see section 9
59LK(2).6 10
impounding notice-- 11
(a) for a vehicle related offence--see section 59J(2); or 12
(b) for a motorbike noise direction offence or a motorbike 13
noise order offence--see section 59K(2).7 14
impounding order-- 15
(a) for a vehicle related offence--see section 59LE(2); or 16
(b) for a motorbike noise order offence--see section 17
59LF(2).8 18
initial impoundment period, for a motor vehicle, means-- 19
(a) a period of 48 hours starting when the motor vehicle is 20
impounded; or 21
(b) if the period of 48 hours ends at any time after 5p.m. and 22
before 8a.m. on a day, a period starting when the motor 23
vehicle is impounded and ending at 8a.m. next occurring 24
after the period of 48 hours ends. 25
initiating impoundment, of a motor vehicle, means the 26
impoundment of the motor vehicle for the initiating 27
impoundment offence. 28
6 Section 59LJ (Application for forfeiture order for vehicle related offence) or 59LK
(Application for forfeiture order for motorbike noise order offence)
7 Section 59J (Impounding notice for vehicle related offence) or 59K (Impounding
notice for motorbike noise direction offence or motorbike noise order offence)
8 Section 59LE (Application for impounding order for vehicle related offence) or
59LF (Application for impounding order for motorbike noise order offence)
s7 12 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
initiating impoundment offence means-- 1
(a) the vehicle related offence for which a motor vehicle is 2
impounded under this chapter; or 3
(b) for a motorbike noise order offence--the motorbike 4
noise order offence because of which a police officer 5
applies for an impounding order or a forfeiture order for 6
the motorbike involved in the commission of the 7
offence. 8
magistrate includes a Childrens Court magistrate. 9
modify, a motor vehicle, includes remove the engine or 10
gearbox from the motor vehicle. 11
motorbike noise direction offence means the contravention of 12
a noise abatement direction given in relation to excessive 13
noise emitted by a motorbike being driven on a place other 14
than a road. 15
motorbike noise order offence means the contravention of a 16
noise abatement order given in relation to excessive noise 17
emitted by a motorbike being driven on a place other than a 18
road. 19
offence, in relation to which an application is made, means 20
the initiating application offence and any other offence relied 21
on for the purposes of any order under this chapter. 22
prescribed impoundment information means-- 23
(a) information about how the owner of a motor vehicle 24
impounded under this chapter may recover the motor 25
vehicle; and 26
(b) a statement that, before the motor vehicle may be 27
recovered, the owner may be required to produce 28
satisfactory evidence of the ownership of the motor 29
vehicle; and 30
(c) a statement that, if the driver is an adult and the driver is 31
found guilty of the offence for which the motor vehicle 32
was impounded, the driver will be required to pay the 33
costs of removing and keeping the motor vehicle; and 34
(d) a statement that, if the driver is a child and the child is 35
found guilty of the offence for which the motor vehicle 36
s7 13 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
was impounded, the court may order the child or the 1
child's parent or guardian to pay the costs of removing 2
and keeping the motor vehicle; and 3
(e) a statement that, if the owner of a motor vehicle fails to 4
recover the motor vehicle after the period of 5
impounding ends and the owner was the driver of the 6
motor vehicle when it was impounded, the owner is 7
liable to pay the costs of keeping the motor vehicle for 8
each day after the period of impounding ends, whether 9
or not the driver is found guilty of the offence for which 10
the motor vehicle is impounded; and 11
(f) a statement that, if the owner of the motor vehicle fails 12
to recover the motor vehicle after the period of 13
impounding ends and the owner was not the driver of the 14
motor vehicle when it was impounded, the owner is 15
liable to pay the costs of keeping the motor vehicle for 16
each day after the period of impoundment ends that is 17
more than 2 business days after the owner is given the 18
impounding notice; and 19
(g) the penalty for unlawfully removing the motor vehicle 20
from the place at which it is held. 21
prescribed offence means-- 22
(a) a motorbike noise order offence; or 23
(b) a vehicle related offence. 24
prescribed period, in relation to an application for an 25
impounding order or a forfeiture order-- 26
(a) for a vehicle related offence--means the relevant period 27
and any period from the end of the relevant period to 28
and including the day on which the application is heard 29
and decided; or 30
(b) for a motorbike noise order offence--the period for 31
which the motorbike noise order to which the offence 32
relates is in force and any period from the end of that 33
period to and including the day on which the application 34
is heard and decided. 35
relevant court, in relation to an application for an impounding 36
order or a forfeiture order for a motor vehicle, means-- 37
s7 14 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
(a) the Magistrates Court for the Magistrates Court district, 1
or division of the district, in which the motor vehicle 2
was impounded for the prescribed offence to which the 3
application relates; or 4
(b) if the driver of the motor vehicle is a child--a Childrens 5
Court constituted by a magistrate sitting in the 6
Magistrates Court district, or division of the district, in 7
which the motor vehicle was impounded for the 8
prescribed offence to which the application relates. 9
relevant period, in relation to a motor vehicle impounded for 10
a vehicle related offence, means the period of 3 years before 11
the initiating impoundment for the motor vehicle. 12
vehicle related offence means any of the following offences 13
committed in circumstances that involve a speed trial, a race 14
between motor vehicles, or a burn out-- 15
(a) an offence against the Criminal Code, section 328A9 16
committed on a road or in a public place; 17
(b) an offence against the Road Use Management Act, 18
section 83;10 19
(c) an offence against the Road Use Management Act, 20
section 85;11 21
(d) an offence against the Road Use Management Act 22
involving wilfully starting a motor vehicle, or driving a 23
motor vehicle, in a way that makes unnecessary noise or 24
smoke. 25
26
Note--
27
At the enactment of this definition, a relevant offence for paragraph (d),
28
for example, is an offence against the Transport Operations (Road Use
29
Management--Road Rules) Regulation 1999, section 291(1)(b).
`59B References to motor vehicle includes motorbike 30
`To remove any doubt, it is declared that-- 31
9 Criminal Code, section 328A (Dangerous operation of a vehicle)
10 Road Use Management Act, section 83 (Careless driving of motor vehicles)
11 Road Use Management Act, section 85 (Racing and speed trials on roads)
s7 15 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
(a) a reference in this chapter to a motor vehicle in relation 1
to a prescribed offence includes a reference to a 2
motorbike; and 3
(b) a reference in this chapter to a motor vehicle in relation 4
to a vehicle related offence includes a reference to a 5
motorbike. 6
`59C When a person is charged for this chapter in 7
relation to a prescribed offence if a proceeding for 8
the offence is started by notice to appear or arrest 9
`(1) This section applies for this chapter if a proceeding for a 10
prescribed offence is started against a person by notice to 11
appear or arrest. 12
`(2) If the proceeding is started by notice to appear, the person is 13
taken to be charged with having committed the offence when 14
the notice to appear is issued and served on the person. 15
`(3) If the proceeding is started by arrest, the person is taken to be 16
charged with having committed the offence when the person 17
is arrested. 18
`59D Punishment under this chapter is in addition to 19
other punishment for the same offence 20
`The impounding or forfeiture of a motor vehicle or the 21
imposition of community service on a person under this 22
chapter arising out of the commission of a prescribed offence 23
is in addition to any other penalty that may be imposed on the 24
person for the prescribed offence. 25
`Division 2 Relationship with other legislation 26
`59E Consumer Credit Code 27
`Nothing in this chapter affects the rights of a credit provider 28
to repossess a motor vehicle under the Consumer Credit Code 29
and sell it. 30
s7 16 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`Part 2 Impounding motor vehicles 1
`Division 1 Impounding powers and duties after 2
impounding 3
`59F Impounding motor vehicles 4
`(1) A police officer may impound a motor vehicle if the driver of 5
the motor vehicle is charged with having committed a vehicle 6
related offence in relation to the motor vehicle. 7
`(2) Also, a police officer may impound a motorbike if, in relation 8
to the motorbike-- 9
(a) the driver of the motorbike is charged with having 10
committed-- 11
(i) a motorbike noise direction offence; or 12
(ii) a motorbike noise order offence; or 13
(b) the driver of the motorbike is a child, paragraph (a) does 14
not apply, and the police officer reasonably suspects the 15
child has committed-- 16
(i) a motorbike noise direction offence; or 17
(ii) a motorbike noise order offence. 18
19
Note--
20
For when a person is charged with an offence, see section 59C.
`(3) A motor vehicle impounded under subsection (1) or (2) is 21
impounded for the initial impoundment period. 22
`59G Particular powers for impounding motor vehicles 23
`(1) To impound a motor vehicle under section 59F, a police 24
officer may-- 25
(a) stop the motor vehicle if it is moving, whether or not the 26
motor vehicle is on a road; or 27
s7 17 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
(b) require the driver of the motor vehicle if it is stationary 1
to remain at the place where it is stopped for the time 2
reasonably necessary; or 3
(c) direct the person who has the key needed to move the 4
motor vehicle-- 5
(i) to give the key to a police officer; or 6
(ii) if the motor vehicle is in a dwelling, to move the 7
motor vehicle out of the dwelling, and to give the 8
key to a police officer; or 9
(d) if it is necessary to enter the motor vehicle to impound 10
it, enter the motor vehicle to impound it; or 11
(e) enter a place, other than the part of the place that is a 12
dwelling, and stay for a reasonable time on the place; or 13
(f) do anything else reasonably necessary for impounding 14
the motor vehicle. 15
`(2) Also, when impounding a motorbike that is not registered 16
under a transport Act, a police officer may require the driver 17
of the motorbike to state the name and address of the owner of 18
the motorbike. 19
20
Note--
21
Failure to comply with a direction or requirement given or made under
22
this section is an offence against section 445.
`(3) Subsection (1)(a) and (b) is in addition to, and does not limit, 23
section 51 or 52. 24
`(4) Also, the powers exercisable under subsection (1)(a) and (b) 25
may be exercised before or after the motor vehicle is 26
impounded. 27
`59H Duties of police officer after impounding motor 28
vehicle 29
`(1) After impounding the motor vehicle, the police officer must 30
move the motor vehicle, or arrange for the motor vehicle to be 31
moved, to a holding yard in the way the police officer 32
considers appropriate. 33
s7 18 s7
Police Powers and Responsibilities (Motorbike Noise)
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1
Examples of ways of moving a motor vehicle after it is impounded--
2
driving, pushing, towing or transporting the motor vehicle
`(2) However, if the motor vehicle is a motor vehicle that is being 3
unlawfully used or has been stolen or is a rental motor 4
vehicle-- 5
(a) the motor vehicle must be released to the owner as soon 6
as reasonably practicable; and 7
(b) an application for an impounding order or a forfeiture 8
order about the motor vehicle must not be made. 9
`(3) In this section-- 10
rental motor vehicle means a motor vehicle made available by 11
a person in the course of a business in which the person rents 12
vehicles to members of the public. 13
`59I Police officer may authorise tow 14
`(1) This section applies if a police officer arranges for the 15
impounded motor vehicle to be towed to a holding yard. 16
`(2) A police officer may sign a towing authority for the 17
impounded motor vehicle. 18
`(3) The driver of a tow truck towing the impounded motor vehicle 19
under a towing authority must tow the motor vehicle to-- 20
(a) if the police officer directs the driver to tow the motor 21
vehicle to a particular holding yard--the holding yard; 22
or 23
(b) if paragraph (a) does not apply--the holding yard to 24
which the driver ordinarily tows motor vehicles. 25
`(4) In this section-- 26
towing authority means-- 27
(a) a towing authority under the Tow Truck Act 1973; or 28
(b) another document authorising a person to tow a motor 29
vehicle. 30
s7 19 s7
Police Powers and Responsibilities (Motorbike Noise)
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`59J Impounding notice for vehicle related offence 1
`(1) This section applies if a motor vehicle is impounded for a 2
vehicle related offence. 3
`(2) As soon as reasonably practicable, a police officer must give 4
written notice in the approved form (impounding notice) of 5
the impounding to-- 6
(a) the driver of the motor vehicle; and 7
(b) if the driver is not the owner or not the only owner of the 8
motor vehicle--the owner or each other owner of the 9
motor vehicle. 10
`(3) If the driver is a child, the impounding notice must also be 11
given to the child's parent or guardian if it is reasonably 12
practicable to do so, unless the parent or guardian is given 13
notice under subsection (2). 14
`(4) The impounding notice must include the information required 15
under section 59L or 59LA. 16
`(5) When giving an impounding notice under this section to a 17
child or the child's parent or guardian, the police officer 18
giving the impounding notice must also give the person an 19
explanation of the matters stated in the impounding notice. 20
`(6) The police officer may give the explanation by giving the 21
person a statement, in the approved form, containing the 22
explanation if it is appropriate in the circumstances to do so. 23
`(7) An impounding notice under this section must be given 24
personally to the person to whom it is required to be given. 25
`59K Impounding notice for motorbike noise direction 26
offence or motorbike noise order offence 27
`(1) This section applies if a motorbike is impounded for a 28
motorbike noise direction offence or a motorbike noise order 29
offence. 30
`(2) As soon as reasonably practicable, a police officer must give 31
written notice in the approved form (impounding notice) of 32
the impounding to-- 33
(a) the driver of the motorbike; and 34
s7 20 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
(b) if the driver is not the owner or not the only owner of the 1
motorbike--the owner or each other owner of the 2
motorbike. 3
`(3) If the driver is a child, the impounding notice must also be 4
given to the child's parent or guardian if it is reasonably 5
practicable to do so, unless the parent or guardian is given 6
notice under subsection (2). 7
`(4) If the motorbike is impounded for a motorbike noise direction 8
offence, the impounding notice must include the information 9
required under section 59LB.12 10
`(5) If the motorbike is impounded for a motorbike noise order 11
offence, the impounding notice must include the information 12
required under section 59LC or 59LD.13 13
`(6) When giving an impounding notice under this section to a 14
child or the child's parent or guardian, the police officer 15
giving the impounding notice must also give the person an 16
explanation of the matters stated in the notice. 17
`(7) The police officer may give the explanation by giving the 18
person a statement, in the approved form, containing the 19
explanation if it is appropriate in the circumstances to do so. 20
`(8) An impounding notice under this section must be given 21
personally to the person to whom it is required to be given. 22
`Division 2 Notice requirements for motor 23
vehicles impounded for vehicle 24
related offences 25
`59L Content of notice for first vehicle related offence 26
`(1) This section applies if a motor vehicle has been impounded 27
because of a vehicle related offence and section 59LA does 28
not apply to the driver of the motor vehicle. 29
12 Section 59LB (Content of notice for motorbike noise direction offence)
13 Section 59LC (Content of notice for first motorbike noise order offence) or 59LD
(Content of notice for second or subsequent motorbike noise order offence)
s7 21 s7
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Amendment Bill 2005
`(2) The impounding notice must state-- 1
(a) that the motor vehicle is impounded for the initial 2
impoundment period; and 3
(b) the prescribed impoundment information. 4
`59LA Content of notice for second or subsequent vehicle 5
related offence 6
`(1) This section applies if a motor vehicle has been impounded 7
because of a vehicle related offence and a police officer 8
reasonably suspects that, in addition to the initiating 9
impoundment offence, and within the relevant period-- 10
(a) the driver of the motor vehicle has previously been 11
charged with having committed a vehicle related offence 12
on at least 1 previous occasion within the relevant period 13
and the charge has not been decided; or 14
(b) the driver of the motor vehicle has previously been 15
found guilty of a vehicle related offence committed on 16
at least 1 previous occasion within the relevant period. 17
`(2) The impounding notice must state-- 18
(a) that the motor vehicle is impounded for the initial 19
impoundment period; and 20
(b) that an application will be made to a court or a 21
magistrate for an order that the motor vehicle be 22
impounded for up to 3 months, if either of the following 23
apply to the driver at the time of the initiating 24
impoundment-- 25
(i) the driver has previously been charged with having 26
committed a vehicle related offence on 1 previous 27
occasion within the relevant period and the charge 28
has not been decided before the initiating 29
impoundment; 30
(ii) the driver has previously been found guilty of a 31
vehicle related offence committed on 1 previous 32
occasion within the relevant period; and 33
s7 22 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
(c) that an application will be made to a court or a 1
magistrate for an order that the motor vehicle be 2
forfeited to the State, if any of the following apply to the 3
driver at the time of the initiating impoundment-- 4
(i) the driver has previously been charged with having 5
committed vehicle related offences on at least 2 6
previous occasions within the relevant period and 7
the charges have not been decided before the 8
initiating impoundment; 9
(ii) the driver has previously been found guilty of 10
having committed vehicle related offences on at 11
least 2 previous occasions within the relevant 12
period; 13
(iii) the driver has previously been found guilty of 14
having committed a vehicle related offence on at 15
least 1 previous occasion within the relevant period 16
and has previously been charged with having 17
committed a vehicle related offence on at least 1 18
previous occasion within the relevant period and 19
the charge has not been decided before the 20
initiating impoundment; and 21
(d) the prescribed impoundment information. 22
`Division 3 Notice requirements for motorbikes 23
impounded for motorbike noise 24
direction offences 25
`59LB Content of notice for motorbike noise direction 26
offence 27
`(1) This section applies if a motorbike has been impounded 28
because a police officer reasonably suspects the driver of the 29
motorbike has committed a motorbike noise direction offence. 30
`(2) The impounding notice must state-- 31
(a) that the motorbike is impounded for the initial 32
impoundment period; and 33
(b) the prescribed impoundment information; and 34
s7 23 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
(c) that an application will be made to the relevant court for 1
a noise abatement order within 48 hours after the end of 2
the impoundment period. 3
`Division 4 Notice requirements for motorbikes 4
impounded for motorbike noise 5
order offences 6
`59LC Content of notice for first motorbike noise order 7
offence 8
`(1) This section applies if a motorbike has been impounded 9
because of a motorbike noise order offence and section 59LD 10
does not apply to the driver of the motorbike. 11
`(2) The impounding notice must state-- 12
(a) that the motorbike is impounded for the initial 13
impoundment period; and 14
(b) the prescribed impoundment information; and 15
(c) that an application will be made to the relevant court for 16
an order that the motorbike be impounded for 3 months 17
if the driver of the motorbike is found guilty of a 18
motorbike noise order offence relating to the motorbike. 19
`59LD Content of notice for second or subsequent 20
motorbike noise order offence 21
`(1) This section applies if a motorbike has been impounded 22
because of a motorbike noise order offence and-- 23
(a) the driver of the motorbike has been found guilty of 24
having committed a motorbike noise order offence 25
relating to that motorbike on at least 1 previous occasion 26
and has been charged with having committed another 27
motorbike noise order offence that has not been decided 28
and relates to that motorbike; or 29
(b) the driver of the motorbike has been charged with 30
having committed a motorbike noise order offence 31
s7 24 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
relating to that motorbike on at least 2 previous 1
occasions and the charges have not been decided; 2
within 2 years after a noise abatement order is made in 3
relation to the driver of the motorbike. 4
5
Note--
6
See section 59C for when a person is charged for this chapter. Also, this
7
section, unlike the corresponding provisions about motor vehicle related
8
offences, does not rely on the suspicion of a police officer because the
9
principal operation of the section in fact relates to children and
10
processes under the Juvenile Justice Act 1992 apply.
`(2) The impounding notice must state-- 11
(a) that the motorbike is impounded for the initial 12
impoundment period; and 13
(b) that an application will be made to the relevant court for 14
an order that the motorbike be forfeited to the State if 15
either of the following apply to the driver-- 16
(i) the driver of the motorbike has previously been 17
found guilty of a motorbike noise order offence 18
relating to that motorbike; 19
(ii) the driver of the motorbike has been charged with 20
having committed a motorbike noise order offence 21
relating to that motorbike on at least 2 previous 22
occasions and the charges have not been decided; 23
and 24
(c) the prescribed impoundment information. 25
s7 25 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`Part 3 Obtaining impounding orders 1
`Division 1 Impounding order application 2
provisions 3
`59LE Application for impounding order for vehicle related 4
offence 5
`(1) This section applies if a motor vehicle has been impounded 6
for a vehicle related offence and, in addition to the initiating 7
impoundment offence-- 8
(a) the driver of the motor vehicle has previously been 9
charged with having committed a vehicle related offence 10
on 1 previous occasion within the relevant period and 11
the charge has not been decided before the initiating 12
impoundment; or 13
(b) the driver of the motor vehicle has previously been 14
found guilty of a vehicle related offence committed on 1 15
previous occasion within the relevant period. 16
17
Note--
18
For vehicle related offences, the offences do not have to be committed
19
using the same vehicle.
`(2) Within 48 hours after charging the person with the initiating 20
impoundment offence, a police officer must apply in the 21
approved form for an order that the motor vehicle be held at a 22
holding yard for a period of not more than 3 months 23
(impounding order). 24
`(3) The application must be made in relation to 2 vehicle related 25
offences consisting of-- 26
(a) any vehicle related offence the circumstances of which 27
apply to the driver under subsection (1)(a) or (b); and 28
(b) the initiating impoundment offence. 29
`(4) The application must be made to the relevant court but may be 30
started by application to a magistrate under section 451 and 31
subsection (6) of this section. 32
s7 26 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`(5) Subsection (4) applies even though the value of the motor 1
vehicle may be more than the maximum amount that may be 2
claimed in a personal action in the civil jurisdiction of a 3
Magistrates Court. 4
`(6) If the application is properly made to a magistrate under 5
section 451, the magistrate must-- 6
(a) order that a police officer may have the application 7
brought on for hearing and decision in the relevant court 8
and adjourn the application to that court; and 9
(b) give a copy of the application and the order to the clerk 10
of the court of the relevant court. 11
`59LF Application for impounding order for motorbike 12
noise order offence 13
`(1) This section applies to the driver of a motorbike that is 14
impounded for a motorbike noise order offence if the driver 15
has been charged with the offence. 16
`(2) Within 48 hours after charging the person with the offence, a 17
police officer must apply in the approved form for an order 18
that the motorbike be held at a holding yard for a period of not 19
more than 3 months (impounding order). 20
`(3) The application must be made to the relevant court but may be 21
started by application to a magistrate under section 451 and 22
subsection (5) of this section.14 23
`(4) Subsection (3) applies even though the value of the motorbike 24
may be more than the maximum amount that may be claimed 25
in a personal action in the civil jurisdiction of a Magistrates 26
Court. 27
`(5) If the application is properly made to a magistrate under 28
section 451, the magistrate must-- 29
(a) order that a police officer may have the application 30
brought on for hearing and decision in the relevant court 31
and adjourn the application to that court; and 32
14 Section 451 (Obtaining warrants, orders and authorities, etc., by telephone or similar
facility)
s7 27 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
(b) give a copy of the application and the order to the clerk 1
of the court of the relevant court. 2
`Division 2 Orders if offence not decided 3
`59LG Orders on application for impounding order if 4
vehicle related offence not decided 5
`(1) This section applies if-- 6
(a) an application is made to a relevant court for an 7
impounding order under section 59LE for a motor 8
vehicle impounded for a vehicle related offence; and 9
(b) any proceeding on a charge of a vehicle related offence 10
or offences in relation to which the application is made 11
has not been decided. 12
`(2) If the driver of the motor vehicle has not been found guilty of 13
vehicle related offences in relation to offences committed on 2 14
occasions within the prescribed period, the court must adjourn 15
the application until the driver of the motor vehicle is found 16
guilty of charges in relation to offences committed on 2 17
occasions within the prescribed period. 18
`(3) However, if the application relates to at least 1 vehicle related 19
offence of which the driver has been found guilty, the court 20
may, if satisfied on application that the motor vehicle should 21
be impounded to stop the commission of another vehicle 22
related offence, order that the motor vehicle be impounded for 23
a further period of not more than 3 months. 24
`59LH Orders on application for impounding order if 25
motorbike noise order offence not decided 26
`(1) This section applies if-- 27
(a) an application is made to a relevant court under section 28
59LF for an impounding order for a motorbike; and 29
(b) any proceeding on a charge of a motorbike noise order 30
offence in relation to which the application is made has 31
not been decided. 32
s7 28 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`(2) The court must adjourn the application until the driver has 1
been found guilty of the offence. 2
`Division 3 Advice of date of hearing 3
`59LI Advice to owner of date of hearing 4
`(1) As soon as reasonably practicable after a date is set for the 5
hearing of an application for an impounding order in relation 6
to a motor vehicle, a police officer must give the driver of the 7
motor vehicle and each owner of the motor vehicle written 8
notice of the date, time and place of the hearing. 9
`(2) If the driver or owner is a child and it is reasonably practicable 10
to do so, notice must also be given to the child's parent or 11
guardian. 12
`Part 4 Obtaining forfeiture orders 13
`Division 1 Forfeiture order application 14
provisions 15
`59LJ Application for forfeiture order for vehicle related 16
offence 17
`(1) This section applies in relation to a motor vehicle impounded 18
under section 59F for a vehicle related offence if, at the time 19
of the initiating impoundment, in addition to the initiating 20
impoundment offence, the driver of the motor vehicle has 21
previously been charged with having committed vehicle 22
related offences on at least 2 previous occasions within the 23
relevant period and any of the following circumstances apply 24
to the driver-- 25
(a) the charges of the vehicle related offences have not been 26
decided before the initiating impoundment; 27
s7 29 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
(b) the driver has been found guilty of 1 of the vehicle 1
related offences but the other charge or charges have not 2
been decided before the initiating impoundment; 3
(c) the driver has previously been found guilty of having 4
committed the vehicle related offences on at least 2 5
previous occasions. 6
`(2) Within 48 hours after charging the person with the initiating 7
impoundment offence, a police officer must apply in the 8
approved form for an order that the motor vehicle be forfeited 9
to the State (forfeiture order). 10
`(3) The application must be made in relation to at least 3 vehicle 11
related offences consisting of-- 12
(a) the vehicle related offences the circumstances of which 13
apply to the driver under subsection (1)(a), (b) or (c); 14
and 15
(b) the initiating impoundment offence. 16
`(4) The application must be made to the relevant court but may be 17
started by application to a magistrate under section 451 and 18
subsection (6) of this section. 19
`(5) Subsection (4) applies even though the value of the motor 20
vehicle may be more than the maximum amount that may be 21
claimed in a personal action in the civil jurisdiction of a 22
Magistrates Court. 23
`(6) If the application is properly made to a magistrate under 24
section 451, the magistrate must-- 25
(a) order that a police officer may have the application 26
brought on for hearing and decision in the relevant court 27
and adjourn the application to that court; and 28
(b) give a copy of the application and the order to the clerk 29
of the court of the relevant court. 30
s7 30 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`59LK Application for forfeiture order for motorbike noise 1
order offence 2
`(1) This section applies in relation to a motorbike impounded 3
under section 59F for a motorbike noise order offence if the 4
driver of the motorbike-- 5
(a) has been-- 6
(i) found guilty of having committed a motorbike 7
noise order offence relating to that motorbike on at 8
least 1 previous occasion; and 9
(ii) charged with having committed another motorbike 10
noise order offence relating to that motorbike and 11
the charge has not been decided; or 12
(b) has been charged with having committed a motorbike 13
noise order offence relating to that motorbike on at least 14
2 previous occasions and the charges have not been 15
decided. 16
`(2) Within 48 hours after charging the person with the offence in 17
relation to which the motorbike was impounded under section 18
59F, a police officer must apply in the approved form for an 19
order that the motorbike be forfeited to the State (forfeiture 20
order). 21
`(3) The application must be made in relation to at least 2 22
motorbike noise order offences the circumstances of which 23
apply to the driver under subsection (1)(a) or (b). 24
`(4) The application must be made to the relevant court but may be 25
started by application to a magistrate under section 45115 and 26
subsection (6) of this section. 27
`(5) Subsection (4) applies even though the value of the motorbike 28
may be more than the maximum amount that may be claimed 29
in a personal action in the civil jurisdiction of a Magistrates 30
Court. 31
`(6) If the application is properly made to a magistrate under 32
section 451, the magistrate must-- 33
15 Section 451 (Obtaining warrants, orders and authorities, etc., by telephone or similar
facility)
s7 31 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
(a) order that a police officer may have the application 1
brought on for hearing and decision in the relevant court 2
and adjourn the application to that court; and 3
(b) give a copy of the application and the order to the clerk 4
of the court of the relevant court. 5
`Division 2 Orders if offence not decided 6
`59LL Orders on application for forfeiture order if vehicle 7
related offence not decided 8
`(1) This section applies if-- 9
(a) an application is made to a relevant court under section 10
59LJ for a forfeiture order in relation to a motor vehicle 11
impounded for a vehicle related offence; and 12
(b) any proceeding on a charge of a vehicle related offence 13
or offences in relation to which the application is made 14
has not been decided. 15
`(2) If the driver of the motor vehicle has not been found guilty of 16
vehicle related offences in relation to offences committed on 3 17
occasions within the prescribed period, the court must adjourn 18
the application until the driver is found guilty of charges in 19
relation to vehicle related offences committed on at least 3 20
occasions within the prescribed period. 21
`(3) However, if the application relates to at least 1 vehicle related 22
offence of which the driver has been found guilty, the court 23
may, if satisfied on application that the motor vehicle should 24
be impounded to stop the commission of another vehicle 25
related offence, order that the motor vehicle be impounded for 26
a further period of not more than 3 months. 27
`59LM Orders on application for forfeiture order if 28
motorbike noise order offence not decided 29
`(1) This section applies if a police officer applies to a relevant 30
court under section 59LK for a forfeiture order for a 31
motorbike and any proceeding on a charge of a motorbike 32
s7 32 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
noise order offence in relation to which the application is 1
made has not been decided. 2
`(2) If the driver of the motorbike has not been found guilty of 3
motorbike noise order offences in relation to offences 4
committed on 2 occasions within the prescribed period, the 5
court must adjourn the application until the driver has been 6
found guilty of charges in relation to motorbike noise order 7
offences committed on at least 2 occasions within the 8
prescribed period. 9
`(3) However, if the application relates to at least 1 motorbike 10
noise order offence of which the driver has been found guilty, 11
the court may make an order under subsection (4) if satisfied 12
the motorbike should be impounded to stop the commission of 13
another motorbike noise order offence. 14
`(4) The court may order that the motorbike be impounded, or 15
continue to be impounded, for a stated period of not more than 16
3 months. 17
`Division 3 Advice of date of hearing 18
`59LN Advice to owner of date of hearing 19
`(1) As soon as reasonably practicable after a date is set for the 20
hearing of an application for a forfeiture order in relation to a 21
motor vehicle, a police officer must give the driver of the 22
motor vehicle and each owner of the motor vehicle written 23
notice of the date, time and place of the hearing. 24
`(2) If the driver or owner is a child and it is reasonably practicable 25
to do so, notice must also be given to the child's parent or 26
guardian. 27
s7 33 s7
Police Powers and Responsibilities (Motorbike Noise)
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`Part 5 Deciding applications 1
`Division 1 Where and when an application may 2
be heard 3
`59LO Where application is to be decided 4
`An application for an impounding order or a forfeiture order 5
must be heard and decided by the relevant court. 6
`59LP When application to be heard--vehicle related 7
offence 8
`(1) An application for an impounding order in relation to a 9
vehicle related offence must be heard and decided as soon as 10
practicable after the person to whom the application relates is 11
found guilty of 2 vehicle related offences committed on 2 12
occasions within the prescribed period. 13
`(2) An application for a forfeiture order in relation to a vehicle 14
related offence must be heard and decided as soon as 15
practicable after the person to whom the application relates is 16
found guilty of 3 vehicle related offences committed on 3 17
occasions within the prescribed period. 18
`59LQ When application to be heard--motorbike noise 19
order offence 20
`(1) An application for an impounding order for a motorbike noise 21
order offence must be heard and decided as soon as 22
practicable after the person to whom the application relates is 23
found guilty of 1 motorbike noise order offence. 24
`(2) An application for a forfeiture order for a motorbike noise 25
order offence must be heard and decided as soon as 26
practicable after the person to whom the application relates is 27
found guilty of 2 motorbike noise order offences committed 28
on 2 occasions within the prescribed period. 29
s7 34 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`Division 2 Consideration of application if 1
made for vehicle related offence 2
`59LR Consideration of application for impounding order 3
`(1) On the hearing of the application for an impounding order for 4
a vehicle related offence, the relevant court may, if the driver 5
of the motor vehicle has been found guilty of a vehicle related 6
offence committed on 2 occasions within the prescribed 7
period, order that the motor vehicle be impounded for a stated 8
period of not more than 3 months. 9
10
Note--
11
Section 59O makes provision for enforcing the order.
`(2) Also, if the driver of the motor vehicle was a child when the 12
last offence was committed, the relevant court must consider 13
whether to make a costs order under section 59LW.16 14
`(3) Despite subsection (1), the relevant court may make an order 15
under section 59LV for the performance by the driver of the 16
motor vehicle of community service as decided by the court. 17
`(4) Also, if an owner of the motor vehicle raises the defence 18
mentioned in section 59M and the relevant court is satisfied 19
the defence has been made out, the court may order that the 20
motor vehicle be released to the owner. 21
`59LS Consideration of application for forfeiture order 22
`(1) On the hearing of an application for a forfeiture order for a 23
vehicle related offence, the relevant court may order that the 24
motor vehicle be forfeited to the State or impounded for the 25
period, of not more than 3 months, fixed by the court if the 26
driver of the motor vehicle has been found guilty of a vehicle 27
related offence committed on 3 occasions within the 28
prescribed period. 29
30
Note--
31
Section 59O makes provision for enforcing the order.
16 Section 59LW (Costs order for child drivers)
s7 35 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`(2) If the relevant court can not make the order under subsection 1
(1) but can make an impounding order under section 59LR, 2
the court may order, under section 59LR, that the motor 3
vehicle be impounded for 3 months or make another order the 4
court may make under that section. 5
`(3) Also, if the driver of the motor vehicle was a child when the 6
last offence was committed, the relevant court must consider 7
whether to make a costs order under section 59LW.17 8
`(4) Despite subsection (1), the relevant court may make an order 9
under section 59LV for the performance by the driver of the 10
motor vehicle of community service as decided by the court. 11
`(5) Also, if an owner of the motor vehicle raises the defence 12
mentioned in section 59M and the relevant court is satisfied 13
the defence has been made out, the court may order that the 14
motor vehicle be released to the owner. 15
`(6) On the making of a forfeiture order for a motor vehicle-- 16
(a) the vehicle becomes the property of the State; and 17
(b) any right of a person to enforce a charge or other 18
security interest registered under the Motor Vehicles and 19
Boats Securities Act 1986 against a person other than 20
the State by taking possession of the vehicle is 21
extinguished. 22
`Division 3 Consideration of application if 23
made for motorbike noise order 24
offence 25
`59LT Consideration of application for impounding order 26
`(1) On the hearing of an application for an impounding order for a 27
motorbike noise order offence, the relevant court may order 28
that the motorbike be impounded for 3 months if the driver of 29
the motorbike has been found guilty of a motorbike noise 30
order offence. 31
17 Section 59LW (Costs order for child drivers)
s7 36 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`(2) Also, if the driver of the motorbike was a child when the last 1
offence was committed, the relevant court must consider 2
whether to make a costs order under section 59LW. 3
`(3) Despite subsection (1), the relevant court may make an order 4
under section 59LV for the performance by the driver of the 5
motorbike of community service as decided by the court. 6
`(4) Also, if an owner of the motorbike raises the defence 7
mentioned in section 59M and the relevant court is satisfied 8
the defence has been made out, the court may order that the 9
motorbike be released to the owner. 10
`59LU Consideration of application for forfeiture order 11
`(1) On the hearing of an application for a forfeiture order for a 12
motorbike noise order offence, the relevant court may order 13
that the motorbike be forfeited to the State or impounded for 14
the period, of not more than 3 months, fixed by the court if the 15
driver of the motorbike has been found guilty of a motorbike 16
noise order offence committed on 2 occasions within the 17
prescribed period. 18
`(2) If the relevant court can not make the order under subsection 19
(1) but can make an impounding order under section 59LT, the 20
court may order, under section 59LT, that the motorbike be 21
impounded for 3 months or make another order the court may 22
make under that section. 23
`(3) Also, if the driver of the motorbike was a child when the last 24
offence was committed, the relevant court must consider 25
whether to make a costs order under section 59LW.18 26
`(4) Despite subsection (1), the relevant court may make an order 27
under section 59LV for the performance by the driver of the 28
motorbike of community service as decided by the court. 29
`(5) Also, if an owner of the motorbike raises the defence 30
mentioned in section 59M and the relevant court is satisfied 31
the defence has been made out, the court may order that the 32
motorbike be released to the owner. 33
18 Section 59LW (Costs order for child drivers)
s7 37 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`(6) On the making of a forfeiture order for a motorbike-- 1
(a) the motorbike 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 motorbike is 6
extinguished. 7
`Division 4 Other provisions about applications 8
and orders 9
`Subdivision 1 Community service orders 10
`59LV Community service instead of impounding or 11
forfeiture order 12
`(1) This section applies if-- 13
(a) the relevant court is satisfied impounding or forfeiting a 14
motor vehicle will cause severe financial or physical 15
hardship to an owner or usual driver of the motor 16
vehicle; and 17
(b) the driver to whom the application relates was an adult 18
when he or she committed the last offence in relation to 19
which the application is made. 20
`(2) The court may, instead of ordering the impounding or 21
forfeiture of the motor vehicle, order the driver to perform not 22
more than 240 hours community service. 23
`(3) An order made under subsection (2)-- 24
(a) is taken to be an order made under the Penalties and 25
Sentences Act 1992 for the performance of community 26
service under a fine option order under that Act; and 27
(b) is taken to have been made in the proceeding for the 28
vehicle related offence giving rise to the application for 29
the impounding order. 30
s7 38 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`Subdivision 2 Costs orders for child drivers 1
`59LW Costs order for child drivers 2
`(1) This section applies if the relevant court makes an 3
impounding order or a forfeiture order and the driver of the 4
motor vehicle was a child when he or she committed the last 5
offence in relation to which the order is made. 6
(2) The relevant court must consider whether the child has the 7
capacity to pay the costs of removing and keeping the motor 8
vehicle and, if the relevant court considers the child has the 9
capacity to pay those costs, may order the child to pay the 10
costs of removing and keeping the motor vehicle. 11
`(3) If, after considering any submissions made by the child or the 12
child's parent, the relevant court considers the child does not 13
have the capacity to pay the costs of removing and keeping the 14
motor vehicle, the relevant court may call on the child's parent 15
under applied section 258 to show cause under applied section 16
259, as directed by the court, why the parent should not pay 17
the costs of removing and keeping the motor vehicle. 18
`(4) The relevant court may, under applied section 259(5), order 19
the child's parent to pay the costs of removing and keeping the 20
motor vehicle. 21
`(5) In this section-- 22
applied section 258 means the Juvenile Justice Act 1992, 23
section 258, as applied by section 59LX. 24
applied section 259 means the Juvenile Justice Act 1992, 25
section 259, as applied by section 59LX. 26
parent includes a guardian other than the chief executive 27
(child safety). 28
`59LX Application of applied sections for s 59LW 29
`(1) This section states how applied sections 258 and 259 apply for 30
section 59LW. 31
`(2) Applied section 258 applies as if-- 32
s7 39 s7
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
(a) subsections (1) and (9) were omitted; and 1
(b) a reference in the applied section-- 2
(i) to compensation were a reference to the costs of 3
removing and keeping a motor vehicle impounded 4
under this chapter; and 5
(ii) to the prosecution were a reference to the applicant 6
for the impounding order or forfeiture order. 7
`(3) Applied section 259 applies as if-- 8
(a) a reference in the applied section-- 9
(i) to compensation were a reference to the costs of 10
removing and keeping a motor vehicle impounded 11
under this chapter; and 12
(ii) to the prosecution were a reference to the applicant 13
for the impounding order or forfeiture; and 14
(b) a reference in applied section 259(4) to a show cause 15
hearing is a reference to the hearing and determination 16
of the issue of whether a parent should be ordered, under 17
applied section 259(5), to pay the costs of removing and 18
keeping a motor vehicle impounded under this chapter; 19
and 20
(c) applied section 259(4), to the extent it mentions the 21
director of public prosecutions, does not apply; and 22
(d) the expression in applied section 259(5) `of the matters 23
mentioned in section 258(1)(a), (b) and (c)' read instead 24
as `that the parent should be ordered to pay the costs of 25
removing and keeping a motor vehicle impounded under 26
the Police Powers and Responsibilities Act 2000, 27
chapter 2B'. 28
`(4) Also, in relation to an order made under applied section 29
259(5)-- 30
(a) section 260 of that Act does not apply to the order; and 31
s8 40 s8
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
(b) the order is instead taken to be an order fining a person 1
for an offence for the purposes of the State Penalties 2
Enforcement Act 1999, section 34.19 3
`Subdivision 3 Offences 4
`59LY Offence to remove vehicle from holding yard 5
`(1) A person must not unlawfully remove an impounded motor 6
vehicle from a holding yard. 7
Maximum penalty--40 penalty units. 8
`(2) For subsection (1), it does not matter how the motor vehicle 9
came to be in the holding yard. 10
`59LZ Offence to modify, sell or dispose of motor vehicle 11
before application decided 12
`(1) This section applies if a motor vehicle that is the subject of an 13
application for an impounding order or a forfeiture order is 14
released to the owner of the motor vehicle before the 15
application is decided. 16
`(2) The owner of the motor vehicle must not modify or sell or 17
otherwise dispose of the motor vehicle until the application 18
for the impounding order or forfeiture order is decided or 19
otherwise ends. 20
Maximum penalty for subsection (2)--40 penalty units.'. 21
Clause 8 Insertion of new s 59MA 22
After section 59M-- 23
insert-- 24
19 State Penalties Enforcement Act 1999, section 34 (Default in paying fine, penalty or
other amount under court order)
s8 41 s8
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`59MA Counting the occasions 1
`(1) For sections 59LA, 59LD, 59LJ to 59LM, 59LP to 59LS and 2
59LU, for an occasion of the commission of an offence to be 3
counted in addition to another occasion counted, an occasion 4
must be a separate occasion, that is, an event or series of 5
events that happened on an occasion separate to the event or 6
series of events making up the other occasion. 7
`(2) However, if a series of events that would, apart from this 8
subsection, be treated as a single occasion of the commission 9
of an offence under subsection (1) includes the intervention in 10
any way by a police officer between the commission of 1 11
vehicle related offence and another vehicle related offence or 12
1 motorbike noise offence and another motorbike noise 13
offence in the course of the events, the events that happen 14
after the police officer's intervention must be treated as a 15
separate occasion. 16
17
Example for subsection (2)--
18
A driver commits a vehicle related offence at 10p.m. on 1 January. The
19
driver is stopped by a police officer. Before the driver can be given a
20
notice to appear in relation to the vehicle related offence, the driver
21
continues to commit the offence but using another motor vehicle. A
22
police officer again stops the driver. The police officer impounds both
23
motor vehicles. Because a police officer has intervened between the
24
happening of the first and second offences, the occasions must be
25
treated as 2 separate occasions for this chapter.
`(3) In sections 59LA, 59LD, 59LE, 59LJ and 59LK, a reference 26
to a vehicle related offence or a motorbike noise order offence 27
committed on a previous occasion is a reference to a vehicle 28
related offence or motorbike noise order offence committed 29
on an occasion before the occasion on which the initiating 30
impoundment offence was committed. 31
`(4) Subject to subsections (1) to (3), for a decision under sections 32
59LE, 59LG, 59LJ to 59LM, 59LP to 59LS and 59LU of 33
whether or not a person has, or has previously, been charged 34
with, or found guilty of, a vehicle related offence or motorbike 35
noise order offence committed on a previous occasion or any 36
occasion or occasions, the following do not matter-- 37
(a) whether or not any finding of guilt relied on relates to a 38
charge heard and decided together with another charge 39
s9 42 s9
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
or other charges relating to another or other findings of 1
guilt being relied on; 2
(b) whether or not findings of guilt relied on relate to 3
charges that were heard and decided in the order in 4
which the occasions of the commission of offences to 5
which they related happened; 6
(c) whether or not any occasion of the commission of an 7
offence, or any charge or any finding of guilt, relied on 8
happened before or after any occasion of the 9
commission of an offence, charge or finding of guilt also 10
relied on. 11
12
Example--
13
An offender commits vehicle related offences on 1 January (offence 1),
14
1 May (offence 2) and 1 June (offence 3). The offender is charged with
15
offence 1 on 1 January, offence 2 on 1 May and offence 3 on 1 June. The
16
offender is convicted of offence 3 on 15 June and offences 1 and 2 on 1
17
October. When a court or magistrate considers the application for
18
impoundment or forfeiture on 1 December, for the purpose of counting
19
the occasions mentioned in subsection (1), there are 3 occasions the
20
court may rely on to make an order.
`(5) For a decision under section 59LR, 59LS, 59LT or 59LU, the 21
following do not matter-- 22
(a) whether or not any finding of guilt relied on is for an 23
offence in relation to which the application was 24
originally started; 25
26
Example for paragraph (a)--
27
An application may relate to particular vehicle related offences
28
but before the application is decided, the driver is found guilty of
29
another vehicle related offence. The court may rely on the latter
30
finding of guilt when making an order under the sections
31
mentioned.
(b) whether or not any finding of guilt relied on in an 32
application relates to an offence committed before or 33
after the application was started.'. 34
Clause 9 Amendment of s 59N (Appeal) 35
(1) Section 59N(1), `under section 59L(2)(b)'-- 36
omit, insert-- 37
s 10 43 s 11
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`under section 59LV for the performance of community 1
service'. 2
(2) Section 59N(2), from `Magistrates' to `division'-- 3
omit, insert-- 4
`relevant court or magistrate under this chapter'. 5
Clause 10 Amendment of s 59O (Powers for enforcing court order) 6
(1) Section 59O(1)-- 7
omit, insert-- 8
`(1) This section applies if a relevant court, on an application 9
under this chapter for an impounding order or forfeiture order 10
for a motor vehicle, makes an impounding order or a 11
forfeiture order for the motor vehicle.'. 12
(2) Section 59O(2), `the vehicle'-- 13
omit, insert-- 14
`the motor vehicle'. 15
Clause 11 Replacement of s 59P (Who must pay costs of 16
impounding) 17
Section 59P-- 18
omit, insert-- 19
`Part 6 Other provisions 20
`Division 1 Liability for cost of impounding 21
`59P State's liability to pay costs of impounding 22
`(1) Unless otherwise expressly provided by this division, the State 23
is liable to pay the costs of removing a motor vehicle 24
impounded under this chapter and keeping it for the initial 25
impoundment period. 26
s 11 44 s 11
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`(2) Also, the State is liable to pay the costs of removing an 1
impounded vehicle and keeping it if the driver of the motor 2
vehicle is found not guilty of the offence for which the motor 3
vehicle was impounded or the proceeding for the offence was 4
withdrawn. 5
`59PA Liability to pay costs of impounding--adult driver 6
`(1) This section applies in relation to a motor vehicle impounded 7
for a prescribed offence or a motorbike noise direction offence 8
if the driver of the motor vehicle was an adult when he or she 9
committed the offence for which it was impounded. 10
`(2) The driver of the motor vehicle is liable to pay the costs of 11
removing and keeping the motor vehicle. 12
`(3) If the driver is found guilty of the prescribed offence or 13
motorbike noise direction offence, any costs paid by the State 14
under section 59P(1) or by someone else on the driver's behalf 15
become a debt payable to the State or other person by the 16
driver. 17
`59PB Liability to pay costs of impounding--child driver 18
`(1) This section applies in relation to a motor vehicle impounded 19
because of a prescribed offence or a motorbike noise direction 20
offence if the driver of the motor vehicle was a child when he 21
or she committed the offence for which it was impounded. 22
`(2) If the child is found guilty by a court of a prescribed offence 23
or motorbike noise direction offence in relation to the motor 24
vehicle-- 25
(a) the child is liable to pay the costs of removing and 26
keeping the motor vehicle if the relevant court orders 27
under section 59LW that the child pay the costs; or 28
(b) if the relevant court orders, under that section, the 29
child's parent to pay the costs of removing and keeping 30
the motor vehicle under applied section 259, the child's 31
parent is liable to pay the costs of removing and keeping 32
the motor vehicle. 33
s 11 45 s 11
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`(3) If the relevant court orders the child to pay the costs of 1
removing and keeping the motor vehicle, any costs paid by the 2
State under section 59P(1) become a debt payable to the State 3
by the child. 4
`(4) If the relevant court orders the child's parent or guardian to 5
pay the costs of removing and keeping the motor vehicle, any 6
costs paid by the State under section 59P(1) become a debt 7
payable to the State by the child's parent or guardian. 8
`59PC Payment of costs if motor vehicle not recovered 9
`(1) This section applies if a person who is entitled to recover a 10
motor vehicle after a period of impoundment ends fails to 11
recover the motor vehicle after the period ends. 12
`(2) If-- 13
(a) before the period of impoundment ends, the owner was 14
personally given an impounding notice for the motor 15
vehicle; and 16
(b) the owner was the driver when the vehicle was 17
impounded; 18
the owner is liable to pay the costs of keeping the motor 19
vehicle for each day after the period of impounding ends, 20
whether or not the driver is found guilty of the offence for 21
which the vehicle is impounded. 22
`(3) If-- 23
(a) before the period of impoundment ends, the owner was 24
personally given an impounding notice for the motor 25
vehicle; and 26
(b) the owner was not the driver of the motor vehicle when 27
it was impounded; 28
the owner is liable to pay the costs of keeping the vehicle for 29
each day that is more than 2 business days after the owner is 30
given the impounding notice, whether or not the driver is 31
found guilty of the offence for which the vehicle is 32
impounded. 33
s 11 46 s 11
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`(4) If, after the period of impoundment ends, the owner was 1
personally given an impounding notice for the motor vehicle, 2
the owner is liable to pay the costs of keeping the motor 3
vehicle for each day that is more than 2 business days after the 4
owner is given the impounding notice, whether or not the 5
owner was the driver and whether or not the driver is found 6
guilty of the offence for which the vehicle is impounded. 7
`(5) If the owner was not the driver of the motor vehicle and pays 8
the costs of keeping the motor vehicle as required under 9
subsection (2), (3) or (4), the owner may recover the costs 10
paid from the driver as a debt. 11
`59PD Registration of costs under State Penalties 12
Enforcement Act 1999 13
`(1) If an adult who is liable to pay costs under this division fails to 14
pay the costs, the commissioner may give particulars of the 15
costs to the registrar under the State Penalties Enforcement 16
Act 1999 for registration under that Act as if-- 17
(a) the commissioner were the registrar of a court; and 18
(b) the particulars were particulars of a fine imposed by a 19
court and the amount of the fine were unpaid after the 20
time allowed by the court for payment. 21
`(2) The registrar must register the particulars under the State 22
Penalties Enforcement Act 1999, section 34.20 23
`(3) For this section, the adult who is liable to pay costs under this 24
division fails to pay the costs if-- 25
(a) the commissioner obtains an order for payment of costs 26
against the person; and 27
(b) the commissioner gives the person a copy of the order 28
and a letter of demand for payment of the costs; and 29
20 State Penalties Enforcement Act 1999, section 34 (Default in paying fine, penalty or
other amount under court order)
s 12 47 s 12
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
(c) the person fails to pay the costs within 28 days after 1
receiving the copy of the order and the letter of demand, 2
or the longer period agreed to by the commissioner. 3
`Division 2 Release of impounded vehicle'. 4
Clause 12 Replacement of ss 59Q-59W 5
Sections 59Q to 59W-- 6
omit, insert-- 7
`59Q Release of motor vehicle impounded under 8
section 59F 9
`(1) This section applies if an impounding notice under section 59J 10
or 59K was given to a person. 11
`(2) When the initial impoundment period for which the motor 12
vehicle is impounded ends, the owner of the motor vehicle is 13
entitled to recover the motor vehicle from the holding yard at 14
which it is kept whether or not the State has paid the costs of 15
removing the motor vehicle to, and keeping it at, the holding 16
yard. 17
`(3) At the request of the owner, the person holding the motor 18
vehicle must release the motor vehicle to the owner, or a 19
person appointed in writing by the owner, at the first 20
reasonably practicable opportunity, during business hours, 21
after the request is made. 22
`(4) In this section-- 23
business hours means 8a.m to 5p.m. on any day. 24
`59R Release of motor vehicle if driver found not guilty etc. 25
`If a driver is found not guilty of the prescribed offence or the 26
proceeding is discontinued, the motor vehicle must be 27
released to the owner as soon as reasonably practicable if it is 28
impounded under this chapter. 29
s 12 48 s 12
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`Division 3 Sale, transfer or disposal of 1
impounded or forfeited motor 2
vehicle 3
`59S Sale of motor vehicle if not recovered after 4
impounding ends 5
`(1) If, within 2 months after a period of impounding ends, the 6
owner of the motor vehicle does not recover it, the 7
commissioner may sell the motor vehicle and anything in or 8
on it by public auction or dispose of it in the way the 9
commissioner considers appropriate. 10
`(2) Notice of the proposed sale or disposal must be given by 11
advertisement in a newspaper circulating in the locality where 12
the vehicle was impounded. 13
`(3) Also, the commissioner must give written notice of the 14
proposed sale or disposal of the motor vehicle to the owner. 15
`59T Voluntary transfer of ownership of motor vehicle to 16
State 17
`(1) This section applies despite section 59LZ. 18
19
Note--
20
Under section 59LZ it is an offence for the owner of a motor vehicle that
21
is the subject of an impounding order or forfeiture order application to
22
modify, sell or otherwise dispose of the vehicle before the application is
23
decided.
`(2) The owner of a motor vehicle to which section 59LZ applies 24
may agree to transfer ownership of the motor vehicle to the 25
State. 26
`(3) The agreement must be written and witnessed by a person 27
who may witness a statutory declaration. 28
`(4) If the State agrees in writing to the transfer of the motor 29
vehicle-- 30
(a) the motor vehicle becomes the property of the State; and 31
s 12 49 s 12
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
(b) the commissioner may sell or dispose of the motor 1
vehicle and anything in or on it in the way the 2
commissioner considers appropriate. 3
`59U Disposal of forfeited motor vehicle 4
`The commissioner may dispose of a motor vehicle forfeited 5
to the State under this chapter in the way the commissioner 6
considers appropriate, including by selling it. 7
`59V Application of proceeds of sale 8
`(1) This section applies if the commissioner decides to sell a 9
motor vehicle under section 59S or 59U. 10
`(2) The proceeds of the sale are to be applied in the following 11
order-- 12
(a) in payment of the expenses of the sale; 13
(b) in payment of removing and keeping the motor vehicle 14
and for searching registers for giving notice of the motor 15
vehicle's impounding; 16
(c) if there is an amount owing to a person under a security 17
interest registered for the motor vehicle under the Motor 18
Vehicles and Boats Securities Act 1986--in payment of 19
the amount owing to the holder of the security interest; 20
(d) if the motor vehicle is sold under section 59S--in 21
payment of any balance to the owner; 22
(e) if the motor vehicle is sold under section 59U--in 23
payment to the consolidated fund. 24
`Division 4 Other provisions 25
`59W Protection from liability 26
`(1) A police officer acting in good faith and without negligence is 27
not liable for any damage, loss or depreciation to a motor 28
vehicle during the impounding of the motor vehicle. 29
s 13 50 s 13
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`(2) If subsection (1) prevents liability attaching to a police officer, 1
liability instead attaches to the State. 2
`(3) Also, if a police officer signs a towing authority under section 3
59I for the motor vehicle, the State is not liable for any 4
damage, loss or depreciation to the motor vehicle while it is 5
being moved under the towing authority and while it is 6
impounded in the holding yard of the person authorised under 7
the towing authority to tow the motor vehicle.'. 8
Clause 13 Amendment of s 59X (Third party protection from 9
forfeiture order) 10
(1) Section 59X(1), `the vehicle'-- 11
omit, insert-- 12
`the motor vehicle'. 13
(2) Section 59X(1), `subsection (5)'-- 14
omit, insert-- 15
`subsection (6)'. 16
(3) Section 59X(4), `subsection (5)'-- 17
omit, insert-- 18
`subsection (6)'. 19
(4) Section 59X(5) and (6), `the vehicle'-- 20
omit, insert-- 21
`the motor vehicle'. 22
(5) Section 59X(7)(a)-- 23
omit, insert-- 24
`(a) the applicant must give notice of the making of the 25
application to the commissioner; and'. 26
(6) Section 59X(2) and (3), 59X(4) to (7), as amended, and 27
59X(8)-- 28
renumber as section 59X(3) to (9). 29
(7) Section 59X-- 30
s 14 51 s 14
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
insert-- 1
`(2) Subsection (1) applies even though the value of the motor 2
vehicle may be more than the maximum amount that may be 3
claimed in a personal action in the civil jurisdiction of a 4
Magistrates Court.'. 5
Clause 14 Insertion of new ch 2C and ch 2D, pts 1 and 2 6
After section 59X-- 7
insert-- 8
`Chapter 2C Vehicle removal powers 9
generally 10
`Division 1 Seizing or moving vehicles 11
`59Y Removal of vehicles from roads and other places 12
`(1) A police officer may, in prescribed circumstances, seize and 13
move a vehicle, or arrange for it to be moved, to another place 14
for safe keeping. 15
`(2) In the prescribed circumstances mentioned in section 59Z(c), 16
(d) or (e), the police officer may, without seizing a vehicle, 17
instead move the vehicle, or arrange for it to be moved, to 18
another place where it can be located by its driver. 19
`(3) Subsections (1) and (2) do not prevent the person in control of 20
the vehicle taking possession of it, with the consent of the 21
police officer, before or while it is being moved. 22
`59Z Prescribed circumstances for s 59Y 23
`The prescribed circumstances for section 59Y are as 24
follows-- 25
(a) the person in control of a vehicle has been arrested; 26
(b) a police officer reasonably suspects the person who was 27
last in control of a vehicle has abandoned it; 28
s 14 52 s 14
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
(c) a police officer-- 1
(i) reasonably suspects a vehicle has been involved in 2
a relevant vehicle incident; and 3
(ii) reasonably believes it is necessary to keep the 4
vehicle for completing inquiries and investigations 5
into the incident; 6
(d) a police officer reasonably suspects a vehicle has been 7
left on a road unattended, temporarily or otherwise, and 8
because of the time for which it has been left 9
unattended, the way it has been left unattended, or the 10
place, condition, or circumstances in which it has been 11
left unattended, its presence on the road-- 12
(i) may be dangerous to others; or 13
(ii) may prevent or hinder the lawful use by others of 14
the road or a part of the road; 15
(e) a police officer reasonably suspects a vehicle has been 16
left in circumstances that are an offence against any of 17
the following Acts and the person in control of the 18
vehicle can not be easily located or fails to comply with 19
a direction of the police officer to move the vehicle 20
immediately-- 21
· the Road Use Management Act 22
· the Brisbane Forest Park Act 1977 23
· the Recreation Areas Management Act 1988 24
· the Nature Conservation Act 1992. 25
`Division 2 Other provisions about seizure 26
`59ZA Steps after seizing vehicle 27
`(1) As soon as practicable, but within 14 days after seizing a 28
vehicle under this chapter, the police officer who seized it 29
must give or arrange for another police officer to give to the 30
owner, if known, a notice stating-- 31
(a) how the owner may recover the vehicle; and 32
s 14 53 s 14
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
(b) that, before the vehicle may be recovered, the person-- 1
(i) may be required to produce satisfactory evidence 2
of the ownership of the vehicle; and 3
(ii) must pay the costs of removing and keeping the 4
vehicle; and 5
(c) the penalty for unlawfully removing the vehicle from 6
the place at which it is held. 7
`(2) If practicable, the notice must be given to the owner 8
personally. 9
`(3) If it is not practicable to comply with subsection (2), the 10
notice may be given by advertisement in a newspaper 11
circulating generally in the locality in which the vehicle was 12
found. 13
`(4) A requirement under this Act to return the vehicle applies 14
subject to section 59ZB. 15
`59ZB Recovery of seized vehicle 16
`(1) If, within 1 month after notice of the seizure of a vehicle 17
under this chapter is given, the owner does not recover the 18
vehicle, the commissioner may sell the vehicle and anything 19
in or on it by public auction or dispose of it in the way the 20
commissioner considers appropriate. 21
`(2) Notice of the proposed sale must be given by advertisement in 22
a newspaper circulating in the locality where the vehicle was 23
found. 24
`59ZC Application of proceeds of sale 25
`(1) The proceeds of the sale of a vehicle under section 59ZC must 26
be applied in the following order-- 27
(a) in payment of the expenses of the sale; 28
(b) in payment of the cost of removing and keeping the 29
vehicle and giving notice of its seizure; 30
(c) in payment of any balance to the owner. 31
s 14 54 s 14
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`(2) Compensation is not recoverable against the State for a 1
payment under this section. 2
`Division 3 General towing authority 3
`59ZD Police officer may authorise tow after seizure under 4
any Act 5
`(1) This section applies if-- 6
(a) a police officer seizes a vehicle under an Act; or 7
(b) the owner of a damaged vehicle, or the owner's agent, is 8
away from the vehicle or incapacitated. 9
`(2) A police officer may sign a towing authority for the vehicle. 10
`(3) The driver of a tow truck towing the vehicle under the towing 11
authority must tow the vehicle to-- 12
(a) the nearest holding yard available to the driver; or 13
(b) if directed by a police officer, the nearest police 14
establishment or other place directed by the police 15
officer. 16
`(4) A person must not unlawfully remove a vehicle from the place 17
to which it is towed under subsection (3). 18
Maximum penalty for subsection (4)--40 penalty units. 19
`(5) In this section-- 20
towing authority means-- 21
(a) a towing authority under the Tow Truck Act 1973; or 22
(b) another document authorising a person to tow a vehicle. 23
s 14 55 s 14
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`Chapter 2D Powers relating to animals 1
`Part 1 Interpretation 2
`59ZE Definition for ch 2D 3
`In this chapter-- 4
person in charge, of an animal, means-- 5
(a) a person who owns or has a lease, licence or other 6
proprietary interest in the animal; or 7
(b) a person who has care, control or custody of the animal; 8
or 9
(c) a person who is employing or has engaged someone else 10
who has care, control or custody of the animal and the 11
care, control or custody is within the scope of the 12
employment or engagement. 13
`Part 2 General powers 14
`59ZF Power of inquiry into road use contraventions 15
involving an animal 16
`(1) It is lawful for a police officer to make any reasonably 17
necessary inquiry, investigation, inspection, examination, or 18
test for establishing whether or not an offence against the 19
Road Use Management Act has been committed involving an 20
animal. 21
`(2) Also, it is lawful for a police officer to arrange for someone 22
else to make any reasonably necessary inspection, 23
examination, or test for establishing whether or not an offence 24
against the Road Use Management Act has been committed 25
involving an animal. 26
s 14 56 s 14
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`59ZG Power to require information about identity of 1
person in charge of animal 2
`(1) This section applies if a person alleges to a police officer, or a 3
police officer reasonably suspects, a contravention of the 4
Road Use Management Act involving an animal has been 5
committed. 6
`(2) A police officer may require any of the following to give to 7
the police officer information that will identify or help 8
identify the person who was in charge of the animal when the 9
contravention happened-- 10
(a) an owner of the animal; 11
(b) a person in possession of the animal; 12
(c) a person who may reasonably be expected to be able to 13
give the information. 14
15
Note--
16
Failure to comply with a requirement under this section is an offence
17
against section 445.
`59ZH Power of entry for ss 59ZF59ZG 18
`(1) For sections 59ZF and 59ZG, a police officer may enter a 19
place and stay on the place for the time reasonably necessary 20
for the purpose of the entry. 21
`(2) However, the police officer may use reasonably necessary 22
force to enter the place only if the entry is authorised by a 23
police officer of at least the rank of inspector. 24
`59ZI Power for regulating traffic 25
`(1) A police officer may give to a person in charge of an animal 26
any direction, signal or order the police officer reasonably 27
considers necessary for the safe and effective regulation of 28
traffic on the road. 29
`(2) If a police officer reasonably suspects an emergency exists or 30
it is otherwise necessary to temporarily prohibit, divert or 31
direct traffic, the police officer may take any action and give 32
or cause to be given any direction, signal or order to a person 33
s 15 57 s 16
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
in charge of an animal the police officer reasonably considers 1
necessary or desirable to control traffic on a road. 2
`(3) The direction, signal or order may include a direction to the 3
person in charge of an animal to move the animal as soon as 4
practicable.'. 5
Clause 15 Amendment of s 65B (Power to give animal welfare 6
direction) 7
(1) Section 65B(2)(a) to (d)-- 8
omit, insert-- 9
`(a) a person in charge of the animal; or 10
(b) a person whom the police officer reasonably suspects is 11
a person in charge of the animal; or'. 12
(2) Section 65B(2)(e)-- 13
renumber as section 65B(2)(c). 14
(3) Section 65B(3), `Despite subsection (2)(a)'-- 15
omit, insert-- 16
`Also'. 17
Clause 16 Amendment of s 68 (Search warrant application) 18
Section 68(1)-- 19
omit, insert-- 20
`(1) A police officer may apply for a warrant to enter and search a 21
place (a search warrant)-- 22
(a) to obtain evidence of the commission of an offence; or 23
(b) to obtain evidence that may be confiscation related 24
evidence in relation to a confiscation related activity; or 25
(c) to find a vehicle that is to be impounded under section 26
59F.21'. 27
21 Section 59F (Impounding motor vehicles)
s 17 58 s 18
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
Clause 17 Replacement of s 358 (Application of pt 3) 1
Section 358-- 2
omit, insert-- 3
`Division 1 Noise abatement direction 4
`358 Application of pt 3 5
`(1) This part applies to an environmental nuisance caused by 6
noise of a kind mentioned in section 359A(1)(b), 359B(1)(b) 7
or 359C(1)(b) or (2)(b) that is audible at or near any 8
residential or commercial premises and is excessive in the 9
circumstances. 10
`(2) However, this part does not apply to an environmental 11
nuisance caused by noise emitted from a place-- 12
(a) while being used for an open-air concert or commercial 13
entertainment; or 14
(b) by a public meeting under a permit under a law 15
authorising the amplification or reproduction of sound 16
by-- 17
(i) any electrical or mechanical appliance, apparatus 18
or device; or 19
(ii) another way; or 20
(c) while the place is being used by motor vehicles under a 21
permit under a law.'. 22
Clause 18 Insertion of new ss 359A359C 23
After section 359-- 24
insert-- 25
`359A How to decide what is excessive noise--noise 26
emitted from a place 27
`(1) This section applies if-- 28
(a) a complaint has been made about noise; and 29
(b) the complaint relates to noise emitted from a place by-- 30
s 18 59 s 18
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
(i) a musical instrument; or 1
(ii) an appliance for electronically producing or 2
amplifying music or other sounds; or 3
(iii) a motor vehicle, other than a motor vehicle on a 4
road; or 5
(iv) a gathering of people for a meeting, party, 6
celebration or similar occasion; and 7
(c) a police officer attending in response to the complaint is 8
reasonably satisfied the noise complained of is clearly 9
audible at or near the complainant's residential or 10
commercial premises; and 11
(d) section 359B does not apply. 12
`(2) In deciding, for this part, whether the noise is excessive in the 13
circumstances, the police officer may have regard to any 14
relevant matters, including-- 15
(a) the degree of interference the noise is causing or is 16
likely to cause to the conduct of activities ordinarily 17
carried out in the vicinity of the place from which the 18
noise is being emitted; and 19
(b) the nature of the lawful uses permitted for premises in 20
the vicinity of the place from which the noise is being 21
emitted. 22
`359B How to decide what is excessive noise--noise 23
emitted by motorbike driven on a place that is not a 24
road 25
`(1) This section applies if-- 26
(a) a complaint has been made about noise; and 27
(b) the complaint relates to noise emitted by a motorbike 28
being driven on a place that is not a road; and 29
(c) a police officer attending in response to the complaint is 30
reasonably satisfied the noise complained of is clearly 31
audible at or near the complainant's residential or 32
commercial premises. 33
s 18 60 s 18
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`(2) In deciding, for this part, whether the noise is excessive in the 1
circumstances, the police officer may have regard to any 2
relevant matters, including-- 3
(a) the degree of interference the noise is causing, or is 4
likely to cause, to the conduct of activities ordinarily 5
carried out in the vicinity of the place from which the 6
noise is being emitted; and 7
(b) the nature of the lawful uses permitted for premises in 8
the vicinity of the place from which the noise is being 9
emitted. 10
`359C How to decide what is excessive noise--noise 11
emitted in other particular circumstances 12
`(1) This section applies if-- 13
(a) a complaint is made about noise; and 14
(b) the complaint relates to noise that-- 15
(i) is emitted from a motor vehicle on a road or in a 16
public place; and 17
(ii) is emitted by an appliance for electronically 18
producing or amplifying music or other sounds 19
including, for example, by a radio, CD player or 20
other similar equipment for producing or 21
amplifying music or other sounds that is in the 22
motor vehicle; and 23
(c) the police officer attending in response to the complaint 24
is reasonably satisfied the noise complained of is clearly 25
audible at or near the complainant's residential or 26
commercial premises. 27
`(2) This section also applies if-- 28
(a) a police officer hears noise; and 29
(b) the noise is emitted from a motor vehicle in the 30
circumstances mentioned in subsection (1)(b); and 31
(c) the police officer is satisfied that the noise is clearly 32
audible at or near residential or commercial premises. 33
s 19 61 s 19
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`(3) In deciding, for this part, whether noise is excessive in the 1
circumstances, the police officer may have regard to any 2
relevant matters, including the degree of interference or 3
annoyance the noise is causing, or is likely to cause, to 4
persons in the vicinity of the road or public place. 5
6
Example--
7
The person may be causing interference or annoyance to patrons of a
8
motel by continually driving past the motel with the volume of a radio in
9
the car at an excessive level.'.
Clause 19 Replacement of s 360 (Powers of police officers on 10
investigation of excessive noise) 11
Section 360-- 12
omit, insert-- 13
`360 Powers of police officer to deal with excessive noise 14
`(1) This section applies if a police officer is reasonably satisfied 15
that noise to which this part applies is excessive in the 16
circumstances. 17
`(2) The police officer may enter the place without warrant. 18
`(3) The police officer must give the person responsible for the 19
noise a direction (noise abatement direction)-- 20
(a) orally or in writing; or 21
(b) if the direction relates to noise emitted by a motorbike 22
being driven on a place other than a road--by a notice in 23
the approved form. 24
`(4) Also, if the person to whom the direction is given under 25
subsection (3)(b) is a child, a copy of the notice must be given 26
to the child's parent or guardian if it is reasonably practicable 27
to do so. 28
`(5) A direction given under subsection (3)(a) must direct any 29
person responsible for the noise, or for permitting the noise to 30
be caused, to immediately abate the excessive noise from the 31
place. 32
s 20 62 s 20
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`(6) A notice given to a person under subsection (3)(b) must direct 1
the driver to immediately abate the excessive noise from the 2
motorbike and include-- 3
(a) the time the notice was given; and 4
(b) the name and other particulars of the person given the 5
direction; and 6
(c) the particulars necessary to properly identify the 7
motorbike; and 8
(d) a general description of the place or, if the noise 9
abatement direction relates only to a part of the place, 10
the part of the place to which the direction relates. 11
`(7) Unless otherwise stated, the noise abatement direction applies 12
to the whole of the place to which it relates. 13
`(8) However, a notice given under subsection (3)(b) may be 14
limited to a stated part of a place if the police officer giving 15
the notice is satisfied, having regard, for example, to the size 16
or topography of the place-- 17
(a) the driving of the motorbike on the stated part of the 18
place is appropriate; and 19
(b) another complaint about noise emitted from the 20
motorbike is unlikely to be made if the motorbike is 21
driven on the place but not on the part of the place stated 22
in the notice. 23
`(9) For subsection (5), persons responsible for noise include-- 24
(a) if the noise is being emitted from or by a motor 25
vehicle--the person driving the motor vehicle; or 26
(b) if the noise is being emitted from another place--the 27
person apparently in charge of the place.'. 28
Clause 20 Amendment of s 361 (Compliance with noise abatement 29
direction) 30
(1) Section 361(1)(b), from `relates'-- 31
omit, insert-- 32
s 21 63 s 21
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`relates or, if the direction relates only to a part of the place, 1
the stated part of the place, for the noise abatement period.'. 2
(2) Section 361(2), from `relates'-- 3
omit, insert-- 4
`relates or, if the direction relates only to a part of the place, 5
the stated part of the place, for the noise abatement period.'. 6
(3) Section 361-- 7
insert-- 8
`(4) In this section-- 9
noise abatement period means-- 10
(a) for a noise abatement direction given in relation to a 11
motorbike being used on a place that is not a road--48 12
hours after the direction is given; or 13
(b) for any other noise abatement direction--12 hours after 14
the direction is given.'. 15
Clause 21 Amendment of s 362 (Additional powers of police officers 16
on later investigation) 17
(1) Section 362(1)(b)-- 18
omit, insert-- 19
`(b) within the noise abatement period as defined under 20
section 361(4), a police officer is satisfied on further 21
investigation that the police officer must again exercise 22
the powers mentioned in section 360 about the same 23
place or the same motor vehicle.'. 24
(2) Section 362(2)(b)-- 25
insert-- 26
`(iv) if it is a motorbike and section 59F 27
applies--impound the motorbike under section 28
59F.22'. 29
22 Section 59F (Impounding motor vehicles)
s 22 64 s 23
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
Clause 22 Amendment of s 365 (Recovery of costs of seizure etc.) 1
Section 365-- 2
insert-- 3
`(2) Subsection (1) does not apply to costs incurred if, because of 4
section 362(2)(b)(iv), a police officer impounds a motorbike 5
under chapter 2B. 6
7
Note--
8
Chapter 2B, part 6 makes provision about who is liable to pay the costs
9
of removing and keeping a motorbike impounded because of the
10
exercise of powers under this part.'.
Clause 23 Insertion of new ch 9, pt 3, div 2 11
Chapter 9, part 3, after section 367-- 12
insert-- 13
`Division 2 Noise abatement order 14
`367A Noise abatement order--application for order 15
`(1) This section applies if a person (the respondent)-- 16
(a) contravenes a noise abatement direction in relation to 17
excessive noise emitted by a motorbike driven on a place 18
other than a road; or 19
(b) is given 2 noise abatement directions within a period of 20
1 month in relation to excessive noise emitted by a 21
motorbike and the directions both relate to the driving of 22
the motorbike on the same place which is not a road. 23
24
Example for subsection (1)(b)--
25
The driver of a motorbike is given 2 noise abatement directions, one on
26
1 July and the other on 5 July. Both directions relate to excessive noise
27
emitted by a motorbike when being driven on the same place. An
28
application may be made under this section for a noise abatement order
29
even though the person does not contravene either direction.
`(2) A police officer may apply for an order that the driving of the 30
motorbike by the respondent be restricted in the way 31
requested in the application (a noise abatement order). 32
s 23 65 s 23
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`(3) The application must be made-- 1
(a) if the respondent contravened a noise abatement 2
direction mentioned in subsection (1)(a)--within 48 3
hours after the contravention; or 4
(b) if the second of 2 noise abatement directions mentioned 5
in subsection (1)(b) was given to the 6
respondent--within 48 hours after the second direction 7
was given. 8
`(4) The application must be made to the relevant court in the 9
approved form but may be made to a magistrate in the way 10
provided under section 45123 and subsection (4) of this 11
section. 12
`(5) If the application is properly made to a magistrate under 13
section 451, the magistrate must-- 14
(a) order that a police officer may have the application 15
brought on for hearing and decision in the relevant court 16
and adjourn the application to that court; and 17
(b) give a copy of the application and the order to the clerk 18
of the court of the relevant court. 19
`(6) As soon as reasonably practicable after a date is set for 20
hearing the application, a police officer must give notice of the 21
application to-- 22
(a) the respondent; and 23
(b) if the respondent is not the owner of the motorbike--the 24
owner of the motorbike; and 25
(c) if a person mentioned in paragraph (a) or (b) is a child, 26
the child's parent or guardian if it is reasonably 27
practicable to do so; and 28
(d) if a person mentioned in paragraph (a), (b) or (c) is not 29
the owner of the land on which the contravention 30
happened, the owner of the land if it is reasonably 31
practicable to do so. 32
23 Section 451 (Obtaining warrants, orders and authorities, etc., by telephone or similar
facility)
s 23 66 s 23
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`(7) The notice must be in the approved form and state-- 1
(a) the name and other particulars of the respondent; and 2
(b) the particulars necessary to properly identify the 3
motorbike; and 4
(c) a description sufficient to identify the land on which the 5
contravention happened and who owns the land; and 6
(d) that an application has been made to a stated court for an 7
order to restrict the driving of a stated motorbike by the 8
respondent in stated ways; and 9
(e) when and where the application is to be heard; and 10
(f) that if the respondent does not appear at the hearing, the 11
application may be heard and decided in the 12
respondent's absence. 13
`(8) The notice may be combined with another notice given under 14
this Act. 15
`(9) In this section-- 16
Magistrates Court, for an application brought against a child, 17
means a Childrens Court constituted by a magistrate. 18
relevant court means the Magistrates Court for the 19
Magistrates Court district, or division of the district, in which 20
the noise abatement order was contravened. 21
`367B Noise abatement order--making the order 22
`(1) The relevant court may make a noise abatement order against 23
the respondent if satisfied that-- 24
(a) the respondent-- 25
(i) has contravened a motorbike noise abatement 26
direction; or 27
(ii) has been given 2 noise abatement directions in 28
relation to excessive noise emitted by a motorbike 29
and the directions both relate to the driving of a 30
motorbike on the same place which is not a road; 31
and 32
(b) section 367A has been complied with. 33
s 23 67 s 23
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`(2) However, if the respondent has been charged with having 1
committed an offence arising out of conduct on which the 2
application is based and the proceeding on the charge has not 3
been decided, the court must adjourn the application until the 4
proceeding has been decided. 5
`(3) The order must be in the approved form and state-- 6
(a) the name and address of the respondent; and 7
(b) the particulars necessary to properly identify the 8
motorbike; and 9
(c) the period, of not more than 2 years, for which the order 10
is in force; and 11
(d) a description sufficient to identify the land on which the 12
contravention happened and who owns the land; and 13
(e) any conditions the court considers appropriate to impose 14
on the respondent in relation to the driving of the 15
motorbike. 16
`(4) Without limiting subsection (3)(e), the order may include 17
conditions restricting the use of the motorbike including, for 18
example, any of the following conditions-- 19
(a) the hours of day during which the respondent may drive 20
the motorbike on private property; 21
(b) the maximum length of time the respondent may drive 22
the motorbike at any one time during those hours; 23
(c) any particular areas on private property that must be 24
avoided by the respondent when driving the motorbike; 25
26
Example for paragraph (c)--
27
The respondent must not drive the motorbike within 100m of the
28
boundaries of neighbours.
(d) the particular manoeuvres that must not be performed by 29
the respondent when driving the motorbike. 30
`(5) The respondent must not drive the motorbike in contravention 31
of the noise abatement order. 32
Maximum penalty--40 penalty units. 33
s 24 68 s 25
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`(6) The owner of the motorbike must not knowingly permit the 1
respondent to drive the motorbike in contravention of the 2
noise abatement order. 3
Maximum penalty for subsection (6)--40 penalty units. 4
`367C Noise abatement order--appeal against order 5
`(1) An adult against whom a noise abatement order has been 6
made may appeal against the order to the District Court within 7
28 days after the day the order is made. 8
`(2) A child against whom a noise abatement order has been made 9
may appeal against the order to the Childrens Court 10
constituted by a judge within 28 days after the day the order is 11
made. 12
`(3) An appeal under subsection (1) or (2) is by way of rehearing 13
from the start. 14
`(4) A person may appeal against an order of the District Court or 15
the Childrens Court constituted by a judge to the Court of 16
Appeal within 28 days after the day the order is made.'. 17
Clause 24 Amendment of s 451 (Obtaining warrants, orders and 18
authorities, etc., by telephone or similar facility) 19
Section 451(1), `mentioned in section 59H(6) or 59HA(6)'-- 20
omit, insert-- 21
`under section 59LE(6), 59LF(6), 59LJ(6), 59LK(6), a noise 22
abatement order'. 23
Clause 25 Insertion of new section 458A 24
After section 458-- 25
insert-- 26
`458A Review of motorbike noise provisions 27
`(1) As soon as practicable after the end of 1 year after the 28
commencement of the Police Powers and Responsibilities 29
(Motorbike Noise) Amendment Act 2005, the CMC must 30
review the effectiveness of the motorbike noise provisions in 31
s 26 69 s 27
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
mitigating the emission of excessive noise from motorbikes 1
being driven on places other than roads and prepare a report 2
on the review. 3
`(2) The conduct of the review and the preparation of the report is 4
a function of the CMC for the Crime and Misconduct Act 5
2001. 6
`(3) In the course of preparing the report, the CMC must consult 7
with the Minister. 8
`(4) The CMC must give a copy of the report to the Speaker for 9
tabling in the Legislative Assembly. 10
`(5) In this section-- 11
motorbike noise provisions means-- 12
(a) chapter 2B, to the extent it applies to a motorbike 13
impounded because of a motorbike noise direction 14
offence or a motorbike noise order offence; and 15
(b) chapter 9, part 3, to the extent it relates to the emission 16
of excessive noise from a motorbike being driven on a 17
place that is not a road.'. 18
Clause 26 Amendment of s 459 (Regulation-making power) 19
Section 459(2)-- 20
omit, insert-- 21
`(2) Without limiting subsection (1), a regulation may make 22
provision about-- 23
(a) the responsibilities of the following persons under this 24
Act-- 25
(i) police officers; 26
(ii) support persons; or 27
(b) the way a police officer may give directions under 28
chapter 2A, 2B, 2C or 2D.'. 29
Clause 27 Insertion of new ch 13, pt 6 30
Chapter 13-- 31
s 27 70 s 27
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
insert-- 1
`Part 6 Transitional provisions for 2
Police Powers and 3
Responsibilities (Motorbike 4
Noise) Amendment Act 2005 5
`504 Definitions for pt 6 6
`In this part-- 7
amendment Act means the Police Powers and Responsibilities 8
(Motorbike Noise) Amendment Act 2005. 9
commencement means the commencement of the amendment 10
Act. 11
post-amended Act means this Act as in force from the 12
commencement. 13
pre-amended Act means this Act as in force immediately 14
before the commencement. 15
`505 Existing proceedings 16
`(1) An application for an impounding order made, but not 17
decided, before the commencement is taken to be an 18
application for an impounding order made under the 19
post-amended Act. 20
`(2) An application for a forfeiture order made, but not decided, 21
before the commencement is taken to be an application for a 22
forfeiture order made under the post-amended Act. 23
`(3) Anything done in a proceeding mentioned in subsection (1) or 24
(2), including any order made when adjourning the 25
application, is taken to have been done under the 26
post-amended Act. 27
`(4) The provisions of the post-amended Act apply in relation to 28
any application taken by this section to be made under the 29
post-amended Act. 30
s 27 71 s 27
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`506 Existing impoundments 1
`(1) A vehicle impounded under the pre-amended Act for which 2
the period of the impoundment has not ended before the 3
commencement is taken to have been impounded under the 4
post-amended Act. 5
`(2) A reference to a provision of the pre-amended Act in a notice 6
given in relation to a vehicle impounded before the 7
commencement for which the period of the impoundment has 8
not ended before the commencement is taken, for the 9
post-amended Act, to be a reference to a provision of the 10
post-amended Act dealing with the same subject matter. 11
`(3) A notice required to be given in relation to an impounded 12
vehicle that has not been given immediately before the 13
commencement may be given after the commencement as if 14
the vehicle had been impounded after the commencement. 15
`(4) However, for deciding the period of the impoundment, periods 16
before and after the commencement are to be counted as a 17
single period. 18
`(5) The provisions of the post-amended Act apply in relation to 19
any impoundment taken under this section to be an 20
impoundment under the post-amended Act. 21
`507 Existing orders 22
`(1) An impounding order made under the pre-amended Act and in 23
force immediately before the commencement continues to 24
have effect according to its terms as if it were an impounding 25
order issued under the post-amended Act and the provisions 26
of that Act apply. 27
`(2) A forfeiture order made under the pre-amended Act that has 28
not been enforced immediately before the commencement 29
continues to have effect as if it were a forfeiture order made 30
under the post-amended Act and may be enforced under 31
section 59O of the post-amended Act. 32
s 28 72 s 28
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
`508 Existing references 1
`(1) This section applies to a notice or other document issued for a 2
purpose under the pre-amended Act if the purpose for issuing 3
the notice or document has not ended or the proceeding to 4
which it relates has not been finally decided. 5
`(2) A reference to a prescribed offence in the notice or document 6
is taken, from the commencement, to be a reference to a 7
vehicle related offence.'. 8
Clause 28 Amendment of sch 4 (Dictionary) 9
(1) Schedule 4, definitions burn out, forfeiture order, impounding 10
order, initiating application charges, initiating impoundment, 11
initiating impoundment offence, person in charge, prescribed 12
offence and relevant period-- 13
omit. 14
(2) Schedule 4-- 15
insert-- 16
`burn out, for chapter 2B, see section 59A. 17
caution has the meaning given by the Juvenile Justice Act 18
1992, part 2, division 2. 19
forfeiture order, other than in relation to a forfeiture 20
proceeding, see section 59A. 21
impounding order, for chapter 2B, see section 59A. 22
initial impoundment period, for chapter 2B, see section 59A. 23
initiating impoundment, for chapter 2B, see section 59A. 24
initiating impoundment offence, for chapter 2B, see section 25
59A. 26
magistrate, for chapter 2B, see section 59A. 27
modify a motor vehicle, for chapter 2B, see section 59A. 28
motorbike has the meaning given by the Road Use 29
Management Act, and includes a 4 wheeled motor vehicle that 30
is ridden in the same way as a motorbike. 31
motorbike noise direction offence see section 59A. 32
s 29 73 s 30
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
motorbike noise order offence see section 59A. 1
noise abatement order see section 367A. 2
person in charge, of an animal, for chapter 2D, see section 3
59ZE. 4
prescribed offence, for chapter 2B, see section 59A. 5
prescribed period, for chapter 2B, see section 59A. 6
relevant court, for chapter 2B, see section 59A. 7
relevant period, for chapter 2B, see section 59A. 8
vehicle related offence see section 59A.'. 9
(3) Schedule 4, definition enforcement act-- 10
insert-- 11
`(ia) the giving of a noise abatement direction;'. 12
(4) Schedule 4, definition owner, `chapter 2, part 6, division 2'-- 13
omit, insert-- 14
`chapter 2B'. 15
Part 3 Amendment of Tow Truck Act 16
1973 17
Clause 29 Act amended in pt 3 18
This part amends the Tow Truck Act 1973. 19
Clause 30 Amendment of s 38 (Exemptions) 20
Section 38(2), from `chapter 2'-- 21
s 31 74 s 33
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
omit, insert-- 1
`chapter 2B or 2C applies to the person.'.
24
2
Clause 31 Amendment of s 43 (Regulation making power) 3
Section 43(2)(r), from `chapter 2'-- 4
omit, insert-- 5
`chapter 2B; '.
25
6
Part 4 Amendment of Summary 7
Offences Act 2005 8
Clause 32 Act amended in pt 4 9
This part amends the Summary Offences Act 2005. 10
Clause 33 Insertion of new s 11A 11
After section 11-- 12
insert-- 13
`11A Unlawful driving of motorbike on public land 14
`(1) A person must not drive a motorbike on public land in 15
contravention of a regulation under this Act or a local law that 16
regulates access by motorbikes to public land, unless the 17
person has a reasonable excuse. 18
Maximum penalty--20 penalty units. 19
`(2) If a regulation under this Act or a local law requires a person 20
to possess a stated type of authority while driving a motorbike 21
24 Police Powers and Responsibilities Act 2000, chapter 2B (Vehicle impounding
powers for prescribed offences and motorbike noise direction offences) or 2C
(Removal powers other than for impounded vehicles)
25 Police Powers and Responsibilities Act 2000, chapter 2B (Vehicle impounding
powers for prescribed offences and motorbike noise direction offences)
s 34 75 s 34
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
on public land, a person who drives a motorbike on public 1
land must be in possession of the stated authority while 2
driving the motorbike, unless the person has a reasonable 3
excuse. 4
Maximum penalty--20 penalty units. 5
`(3) A person found by a police officer driving a motorbike on 6
land mentioned in subsection (1) must produce the stated 7
authority to the police officer on request. 8
Maximum penalty--20 penalty units. 9
`(4) In this section-- 10
motorbike has the meaning given by the Transport Operations 11
(Road Use Management) Act 1995, and includes a 4-wheeled 12
motorbike that is ridden in the same way as a motorbike. 13
public land, for a regulation or local law, means public land as 14
defined under the regulation or local law, but does not include 15
a road. 16
road has the meaning given by the Transport Operations 17
(Road Use Management) Act 1995.'. 18
Clause 34 Insertion of new pt 3A 19
After section 28-- 20
insert-- 21
`Part 3A General 22
`28A Regulation-making power 23
`The Governor in Council may make regulations under this 24
Act.'. 25
76
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
Schedule Minor and consequential 1
amendments of Police Powers 2
and Responsibilities Act 2000 3
section 3 4
1 Chapter 2, part 6, heading and chapter 2, part 6, division 5
1, heading-- 6
omit, insert-- 7
`Chapter 2A Powers relating to vehicles 8
and traffic'. 9
2 Section 46(1) and (2), `, tram, or animal'-- 10
omit, insert-- 11
`or tram'. 12
3 Section 59(1), `division'-- 13
omit, insert-- 14
`chapter'. 15
4 Section 59M, `impounded vehicle'-- 16
omit, insert-- 17
`impounded motor vehicle'. 18
5 Section 59M, `the vehicle'-- 19
omit, insert-- 20
`the motor vehicle'. 21
77
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
Schedule (continued)
6 Section 59M, example, `a vehicle'-- 1
omit, insert-- 2
`a motor vehicle'. 3
7 Section 59M, example, `the vehicle's'-- 4
omit, insert-- 5
`the motor vehicle's'. 6
8 Chapter 2, part 6, division 3, heading-- 7
omit, insert-- 8
`Part 3 Removal powers for animals'. 9
9 Sections 60, heading and 61, heading, `vehicles and'-- 10
omit. 11
10 Sections 60(1), 61(c)(i), (d) and (e), 63(1), 64(1) and 65(1), 12
`a vehicle or'-- 13
omit, insert-- 14
`an'. 15
11 Section 60(2), `its driver'-- 16
omit, insert-- 17
`the person in charge of the animal'. 18
12 Sections 60(2), 61(c)(ii) and (e), second mention, 63(1)(a) 19
and (b), (3) and (4), 64(1) and (2) and 65(1)(b), `the vehicle 20
or'-- 21
omit, insert-- 22
`the'. 23
78
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
Schedule (continued)
13 Sections 60(3) and 61(e), `control of the vehicle or'-- 1
omit, insert-- 2
`charge of the'. 3
14 Section 61, `vehicles and'-- 4
omit. 5
15 Section 61(a) and (b), `control of a vehicle or'-- 6
omit, insert-- 7
`charge of an'. 8
16 Section 62-- 9
omit. 10
17 Sections 63, heading and 64, heading, `vehicle or'-- 11
omit. 12
18 Sections 63(1) and 64(1), `division'-- 13
omit, insert-- 14
`part'. 15
19 Section 63(1)(c)-- 16
omit. 17
20 Chapter 2, part 6, division 4, heading-- 18
omit, insert-- 19
`Part 4 Animal welfare directions'. 20
79
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
Schedule (continued)
21 Section 65A, heading, `div 4'-- 1
omit, insert-- 2
`pt 4'. 3
22 Section 65A(1) and (2), `division'-- 4
omit, insert-- 5
`part'. 6
23 Chapter 2, part 6, division 5, heading-- 7
omit, insert-- 8
`Part 5 Other provisions about 9
animals'. 10
24 Section 420(2)(a), `chapter 2, part 6, division 2'-- 11
omit, insert-- 12
`chapter 2B'. 13
© State of Queensland 2005
AMENDMENTS TO BILL
1
Police Powers and Responsibilities (Motorbike Noise)
Amendment Bill 2005
Police Powers and Responsibilities
(Motorbike Noise) Amendment Bill 2005
Amendments agreed to during Consideration
1 Clause 7--
At page 26, line 16--
omit, insert--
`has been charged with the offence and an application for a
forfeiture order for the motorbike can not be made under section
59LK.1'.
2 Clause 7--
At page 37, lines 28 to 30--
omit, insert--
`(b) is taken to have been made in the proceeding for the
vehicle related offence or motorbike noise order offence
giving rise to the application for the impounding order
or forfeiture order.'.
3 Clause 12--
At page 49, line 14, after `payment of'--
insert--
`the costs of'.
© State of Queensland 2005
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