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Queensland
Police Powers and
Responsibilities (Motor
Vehicle Impoundment)
Amendment Bill 2011
Queensland
Police Powers and Responsibilities (Motor
Vehicle Impoundment) Amendment Bill
2011
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 69 (Definitions for ch 4) . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 69A (Meaning of type 1 and type 2 vehicle
related offences). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Omission of s 70A (References to type 2 vehicle related
offences including the same kind) . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Insertion of new s 71A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
71A Service of infringement notice for pre-impoundment
type 2 vehicle related offence and effect of service . . 9
8 Omission of ch 4, pt 1, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9 Amendment of s 74 (Impounding motor vehicles) . . . . . . . . . . . . 10
10 Insertion of new ss 74A and 74B . . . . . . . . . . . . . . . . . . . . . . . . . 10
74A Impounding motor vehicles for automatic
impoundment period if second or subsequent
type 1 related offence . . . . . . . . . . . . . . . . . . . . . . . . . 10
74B Impounding motor vehicles for automatic
impoundment period if third or subsequent
type 2 related offence . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 Amendment of s 75 (Particular powers for impounding motor
vehicles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
12 Amendment of s 78 (Impounding notice for vehicle related
offence) ........................................ 11
13 Amendment of s 81 (Content of notice for second or subsequent
type 1 vehicle related offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 Amendment of s 81B (Content of notice for third or subsequent
type 2 vehicle related offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
Contents
15 Insertion of new ch 4, pt 2, div 5. . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 5 Other provisions relating to motor vehicles
impounded for automatic impoundment period
Subdivision 1 Preliminary
84A Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Subdivision 2 Application for release of impounded motor
vehicle
84B Application for release of impounded motor vehicle
on basis of severe hardship . . . . . . . . . . . . . . . . . . . . 13
84C Decision on application for release of impounded
motor vehicle on basis of severe hardship . . . . . . . . . 14
84D Application for release of impounded motor vehicle
on basis prescribed offence happened without
owner's knowledge and consent. . . . . . . . . . . . . . . . . 15
84E Decision on application for release of impounded
motor vehicle on basis prescribed offence happened
without owner's knowledge and consent . . . . . . . . . . 16
84F Impoundment ends if application for release of motor
vehicle granted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Subdivision 3 Appeals
84G Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
84H How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . 17
84I Effect of appeal on decision . . . . . . . . . . . . . . . . . . . . 17
84J Commissioner has right of appearance . . . . . . . . . . . 18
84K Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . 18
84L Powers of Magistrates Court . . . . . . . . . . . . . . . . . . . 18
16 Amendment of s 85 (Application for impounding order for type 1
vehicle related offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
17 Amendment of s 85A (Application for impounding order for
type 2 vehicle related offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
18 Amendment of s 90 (Application for forfeiture order for type 1
vehicle related offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
19 Amendment of s 90A (Application for forfeiture order for type 2
vehicle related offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
20 Amendment of s 99A (Consideration of application for
impounding order--type 2 vehicle related offence) . . . . . . . . . . . 20
21 Amendment of s 102 (Community service instead of impounding
or forfeiture order). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
22 Amendment of s 108 (Counting the occasions--general) . . . . . . 20
23 Amendment of s 108A (References to previous occasions in
ss 81, 81B, 84, 85, 85A, 90, 90A and 91) . . . . . . . . . . . . . . . . . . 21
Page 2
Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
Contents
24 Amendment of s 108B (Matters for decisions under ss 85, 85A,
87, 87A, 9093 and 9699B and 101) . . . . . . . . . . . . . . . . . . . . . 21
25 Amendment of s 116 (Release of motor vehicle impounded
under s 74) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
26 Amendment of s 117 (Release of motor vehicle if driver found
not guilty etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
27 Insertion of new ch 24, pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 13 Transitional provisions for Police Powers and
Responsibilities (Motor Vehicle Impoundment)
Amendment Act 2011
870 Definitions for pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . 22
871 Different kinds of type 2 vehicle related offences
committed before and after commencement . . . . . . . 22
872 Type 2 vehicle related offences of same kind
committed before and after commencement . . . . . . . 24
873 Particular offence against Road Use Management
Act committed before commencement . . . . . . . . . . . . 25
28 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 25
Schedule Minor amendments of Police Powers and Responsibilities
Act 2000 ......................................... 27
Page 3
2011
A Bill
for
An Act to amend the Police Powers and Responsibilities Act
2000 for particular purposes
Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Police Powers and 3
Responsibilities (Motor Vehicle Impoundment) Amendment 4
Act 2011. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Clause 3 Act amended 8
This Act amends the Police Powers and Responsibilities Act 9
2000. 10
Clause 4 Amendment of s 69 (Definitions for ch 4) 11
(1) Section 69, definitions burn out and initial impoundment 12
period-- 13
omit. 14
(2) Section 69-- 15
insert-- 16
`automatic impoundment period, for a motor vehicle, 17
means-- 18
(a) a period of 28 days starting when the motor vehicle is 19
impounded; or 20
Example for paragraph (a)-- 21
A motor vehicle is impounded at 3p.m. on Tuesday, 1 22
November. The automatic impoundment period ends at 3p.m. on 23
Tuesday, 29 November. 24
(b) if the period of 28 days ends at any time other than 25
between 8a.m. and 5p.m. on a business day, a period 26
starting when the motor vehicle is impounded and 27
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Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 4]
ending at 8a.m. next occurring on a business day after 1
the period of 28 days ends. 2
Examples for paragraph (b)-- 3
1 A motor vehicle is impounded at 2a.m. on Thursday, 3 4
November. The period of 28 days ends at 2a.m. on 5
Thursday, 1 December. However, the automatic 6
impoundment period ends at 8a.m. on Thursday, 1 7
December. 8
2 A motor vehicle is impounded at 7p.m. on Friday, 4 9
November. The period of 28 days ends at 7p.m. on Friday, 2 10
December. However, the automatic impoundment period 11
ends at 8a.m. on Monday, 5 December. 12
burn out, for a motor vehicle, means wilfully drive the motor 13
vehicle in a way that causes a sustained loss of traction of one 14
or more of the drive wheels with the road surface. 15
Examples-- 16
· driving a motor vehicle in a way that causes a sustained loss of 17
traction of one or more of the drive wheels with a road surface so 18
that the tyres or a substance poured onto the road surface, or both, 19
smoke 20
· driving a motor vehicle in a way that causes a sustained loss of 21
traction of one or more of the drive wheels with a wet or gravelled 22
road surface, regardless of whether or not the tyres smoke because 23
of the loss of traction 24
initial impoundment period-- 25
(a) for a motor vehicle other than a motorbike mentioned in 26
paragraph (b), means-- 27
(i) a period of 7 days starting when the motor vehicle 28
is impounded; or 29
Example for subparagraph (i)-- 30
A motor vehicle is impounded at 3p.m. on Tuesday, 1 31
November. The initial impoundment period ends at 3p.m. 32
on Tuesday, 8 November. 33
(ii) if the period of 7 days ends at any time other than 34
between 8a.m. and 5p.m. on a business day, a 35
period starting when the motor vehicle is 36
impounded and ending at 8a.m. next occurring on a 37
business day after the period of 7 days ends; or 38
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Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 5]
Examples for subparagraph (ii)-- 1
1 A motor vehicle is impounded at 2a.m. on Thursday, 3 2
November. The period of 7 days ends at 2a.m. on 3
Thursday, 10 November. However, the initial 4
impoundment period ends at 8a.m. on Thursday, 10 5
November. 6
2 A motor vehicle is impounded at 7p.m. on Friday, 4 7
November. The period of 7 days ends at 7p.m. on 8
Friday, 11 November. However, the initial 9
impoundment period ends at 8a.m. on Monday, 14 10
November. 11
(b) for a motorbike, if the offence in relation to which the 12
motorbike is impounded is a motorbike noise direction 13
offence or a motorbike noise order offence, means-- 14
(i) a period of 48 hours starting when the motorbike is 15
impounded; or 16
(ii) if the period of 48 hours ends at any time other 17
than between 8a.m. and 5p.m. on a business day, a 18
period starting when the motorbike is impounded 19
and ending at 8a.m. next occurring on a business 20
day after the period of 48 hours ends.'. 21
Clause 5 Amendment of s 69A (Meaning of type 1 and type 2 22
vehicle related offences) 23
(1) Section 69A(2)-- 24
insert-- 25
`(f) an offence against the Road Use Management Act involving a 26
driver of a motor vehicle in circumstances in which the driver 27
exceeds a speed limit, applying to the driver for the length of 28
road where the driver is driving, by more than 40km/h. 29
Example of offence for paragraph (f)-- 30
an offence against the Transport Operations (Road Use 31
Management--Road Rules) Regulation 2009, section 20'. 32
(2) Section 69A-- 33
insert-- 34
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Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 6]
`(3A) A reference in subsection (2)(e) to an offence involving a 1
motor vehicle being driven on a road includes an offence 2
involving modifying a vehicle if the vehicle is driven on a 3
road.'. 4
Clause 6 Omission of s 70A (References to type 2 vehicle related 5
offences including the same kind) 6
Section 70A-- 7
omit. 8
Clause 7 Insertion of new s 71A 9
After section 71-- 10
insert-- 11
`71A Service of infringement notice for pre-impoundment 12
type 2 vehicle related offence and effect of service 13
`(1) This section applies in relation to a person who commits a 14
type 2 vehicle related offence if-- 15
(a) it is an infringement notice offence, the commission of 16
which does not make the motor vehicle used in the 17
commission of the offence eligible for impoundment 18
under section 74 or 74B; and 19
(b) a police officer serves an infringement notice for the 20
offence on the person. 21
`(2) For this chapter, the person is taken to be charged with having 22
committed the offence when the infringement notice is served 23
on the person. 24
Note-- 25
See the State Penalties Enforcement Act 1999, sections 13 (Service of 26
infringement notices--generally) and 14 (Service of infringement 27
notices for infringement notice offences involving vehicles).'. 28
Clause 8 Omission of ch 4, pt 1, div 3 29
Chapter 4, part 1, division 3-- 30
omit. 31
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Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 9]
Clause 9 Amendment of s 74 (Impounding motor vehicles) 1
Section 74, heading, after `vehicles'-- 2
insert-- 3
`for initial impoundment period'. 4
Clause 10 Insertion of new ss 74A and 74B 5
After section 74-- 6
insert-- 7
`74A Impounding motor vehicles for automatic 8
impoundment period if second or subsequent 9
type 1 related offence 10
`(1) A police officer may impound a motor vehicle if the driver of 11
the motor vehicle is charged with having committed a type 1 12
vehicle related offence and-- 13
(a) the driver of the motor vehicle has previously been 14
charged with having committed a type 1 vehicle related 15
offence on 1 previous occasion within the relevant 16
period and the charge has not been decided before the 17
initiating impoundment; or 18
(b) the driver of the motor vehicle has previously been 19
found guilty of a type 1 vehicle related offence 20
committed on 1 previous occasion within the relevant 21
period. 22
`(2) A motor vehicle impounded under subsection (1) may be 23
impounded for the automatic impoundment period. 24
`74B Impounding motor vehicles for automatic 25
impoundment period if third or subsequent 26
type 2 related offence 27
`(1) A police officer may impound a motor vehicle if the driver of 28
the motor vehicle is charged with having committed a type 2 29
vehicle related offence and-- 30
(a) the driver of the motor vehicle has previously been 31
charged with having committed type 2 vehicle related 32
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Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 11]
offences on 2 previous occasions within the relevant 1
period and the charges have not been decided before the 2
initiating impoundment; or 3
(b) the driver of the motor vehicle has previously been 4
found guilty of type 2 vehicle related offences 5
committed on 2 previous occasions within the relevant 6
period; or 7
(c) the driver of the motor vehicle-- 8
(i) has previously been found guilty of having 9
committed a type 2 vehicle related offence on 1 10
previous occasion within the relevant period; and 11
(ii) has previously been charged with having 12
committed a type 2 vehicle related offence on 1 13
previous occasion within the relevant period and 14
the charge has not been decided before the 15
initiating impoundment. 16
`(2) A motor vehicle impounded under subsection (1) may be 17
impounded for the automatic impoundment period.'. 18
Clause 11 Amendment of s 75 (Particular powers for impounding 19
motor vehicles) 20
Section 75(1), after `74'-- 21
insert-- 22
`, 74A or 74B'. 23
Clause 12 Amendment of s 78 (Impounding notice for vehicle 24
related offence) 25
(1) Section 78(3) to (8)-- 26
renumber as section 78(4) to (9). 27
(2) Section 78-- 28
insert-- 29
`(3) However, if the motor vehicle is impounded only for the 30
initial impoundment period, subsection (2)(b) does not apply 31
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Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 13]
in relation to an owner who is a holder of a security interest 1
registered for the vehicle under the Motor Vehicles and Boats 2
Securities Act 1986.'. 3
Clause 13 Amendment of s 81 (Content of notice for second or 4
subsequent type 1 vehicle related offence) 5
(1) Section 81(2)(a), `initial impoundment period'-- 6
omit, insert-- 7
`automatic impoundment period'. 8
(2) Section 81(2)(b), `will'-- 9
omit, insert-- 10
`may'. 11
Clause 14 Amendment of s 81B (Content of notice for third or 12
subsequent type 2 vehicle related offence) 13
(1) Section 81B(2)(a), `initial impoundment period'-- 14
omit, insert-- 15
`automatic impoundment period'. 16
(2) Section 81B(2)(b), `will'-- 17
omit, insert-- 18
`may'. 19
Clause 15 Insertion of new ch 4, pt 2, div 5 20
After section 84-- 21
insert-- 22
Page 12
Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 15]
`Division 5 Other provisions relating to motor 1
vehicles impounded for automatic 2
impoundment period 3
`Subdivision 1 Preliminary 4
`84A Definitions for div 5 5
`In this division-- 6
eligible person, for a motor vehicle, means an owner or the 7
usual driver of the motor vehicle. 8
impounded vehicle release notice, for a motor vehicle, means 9
a notice stating-- 10
(a) the decision of the commissioner made under this 11
division; and 12
(b) the time and date when the impoundment of the vehicle 13
ends. 14
information notice, for a decision of the commissioner under 15
this division, means a notice stating-- 16
(a) the decision; and 17
(b) the reasons for the decision; and 18
(c) that the person to whom the notice is given may appeal 19
against the decision within 28 days after the person 20
receives the notice; and 21
(d) how the person may appeal against the decision. 22
`Subdivision 2 Application for release of 23
impounded motor vehicle 24
`84B Application for release of impounded motor vehicle 25
on basis of severe hardship 26
`(1) An eligible person may apply to the commissioner for the 27
release of a motor vehicle impounded for an automatic 28
impoundment period under section 74A or 74B on the basis 29
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Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 15]
that the person would suffer severe hardship if the motor 1
vehicle was not released. 2
`(2) The application must be-- 3
(a) made in the approved form; and 4
(b) supported by enough information to enable the 5
commissioner to decide the application. 6
`84C Decision on application for release of impounded 7
motor vehicle on basis of severe hardship 8
`(1) The commissioner must consider an application for the 9
release of a motor vehicle under section 84B after receiving 10
all necessary information relevant to the application and 11
either-- 12
(a) grant the application; or 13
(b) refuse to grant the application. 14
`(2) The commissioner must decide the application within 5 15
business days of receiving the application and other 16
documents required under this subdivision. 17
`(3) The commissioner may grant the application only if the 18
commissioner is satisfied a refusal to grant the application 19
would-- 20
(a) cause severe financial hardship to the applicant or the 21
applicant's family by depriving the applicant of the 22
applicant's means of earning a living; or 23
(b) cause severe physical hardship to the applicant or the 24
applicant's family, other than by depriving the applicant 25
of the applicant's means of earning a living. 26
`(4) For subsection (3)(a), the applicant must give the following to 27
the commissioner-- 28
(a) a statement made by the applicant outlining how a 29
refusal to grant the application would cause severe 30
financial hardship to the applicant or the applicant's 31
family; 32
Page 14
Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 15]
(b) if the applicant is not self-employed--a statement made 1
by the applicant's employer confirming the applicant 2
would be deprived of the applicant's means of earning a 3
living if the application is refused. 4
`(5) For subsection (3)(b), the applicant must give the 5
commissioner a statement made by the applicant that-- 6
(a) outlines how a refusal to grant the application would 7
cause severe physical hardship to the applicant or the 8
applicant's family; and 9
(b) has attached to it statutory declarations from persons 10
other than the applicant, other documentary evidence, or 11
certified copies of documentary evidence, in support of 12
each matter stated in the statement. 13
Examples of documentary evidence-- 14
roster sheet, letter from an employer 15
`(6) If the commissioner decides to grant the application, the 16
commissioner must give the applicant an impounded vehicle 17
release notice for the motor vehicle. 18
`(7) If the commissioner decides to refuse to grant the application, 19
the commissioner must as soon as practicable give the 20
applicant an information notice for the decision. 21
`(8) In this section-- 22
certified copy, of documentary evidence, means certified by a 23
justice of the peace or commissioner for declarations in 24
writing to be a true copy of the documentary evidence. 25
`84D Application for release of impounded motor vehicle 26
on basis prescribed offence happened without 27
owner's knowledge and consent 28
`(1) The owner of a motor vehicle impounded for an automatic 29
impoundment period under section 74A or 74B may apply to 30
the commissioner for the release of the motor vehicle on the 31
basis that the offence happened without the knowledge and 32
consent of the person. 33
`(2) The application must be-- 34
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Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 15]
(a) made in the approved form; and 1
(b) supported by enough information to enable the 2
commissioner to decide the application. 3
`84E Decision on application for release of impounded 4
motor vehicle on basis prescribed offence happened 5
without owner's knowledge and consent 6
`(1) The commissioner must consider an application for the 7
release of a motor vehicle under section 84D after receiving 8
all necessary information relevant to the application and 9
either-- 10
(a) grant the application; or 11
(b) refuse to grant the application. 12
`(2) The commissioner must decide the application within 5 13
business days of receiving the application and other 14
documents required under this subdivision. 15
`(3) The commissioner may grant the application only if the 16
commissioner is satisfied the relevant prescribed offence 17
happened without the knowledge and consent of the owner. 18
`(4) If the commissioner decides to grant the application, the 19
commissioner must give the applicant an impounded vehicle 20
release notice for the motor vehicle. 21
`(5) If the commissioner decides to refuse to grant the application, 22
the commissioner must as soon as practicable give the 23
applicant an information notice for the decision. 24
`(6) In this section-- 25
relevant prescribed offence means the prescribed offence 26
because of which the impoundment has happened. 27
`84F Impoundment ends if application for release of motor 28
vehicle granted 29
`If the commissioner grants an application for the release of a 30
motor vehicle under this division, the impoundment of the 31
motor vehicle under section 74A or 74B ends. 32
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Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 15]
`Subdivision 3 Appeals 1
`84G Who may appeal 2
`A person who is aggrieved by a decision of the 3
commissioner, under section 84C or 84E, to refuse to grant an 4
application for the release of a motor vehicle may appeal 5
against the decision. 6
`84H How to start appeal 7
`(1) The appeal is started by filing a notice of appeal with the clerk 8
of a Magistrates Court. 9
`(2) The appellant must serve a copy of the notice on-- 10
(a) the other persons entitled to appeal against the decision; 11
and 12
(b) the commissioner. 13
`(3) Despite subsection (2), the clerk of the court may ask the 14
commissioner to serve a copy of the notice on the persons 15
mentioned in subsection (2)(a). 16
`(4) The notice of appeal must be filed within 28 days after the 17
person is given an information notice for the decision. 18
`(5) The court may at any time extend the period for filing the
notice of appeal. 20
19
`(6) The notice of appeal must state fully the grounds of the appeal 21
and the facts relied on. 22
`84I Effect of appeal on decision 23
`(1) The start of an appeal against a decision of the commissioner 24
does not affect the operation of the decision or prevent the 25
taking of action to implement the decision. 26
`(2) However, the court may make an order staying the operation 27
of the decision being appealed against until the appeal is 28
finally decided. 29
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Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 16]
`(3) The court may act under subsection (2) on the application of 1
the appellant or on its own initiative. 2
`84J Commissioner has right of appearance 3
`The commissioner has a right to appear and be heard before 4
the court on an appeal under this subdivision. 5
`84K Hearing procedures 6
`(1) An appeal must be decided on the evidence before the 7
commissioner. 8
`(2) However, the court may order that the appeal be heard afresh, 9
in whole or part. 10
`84L Powers of Magistrates Court 11
`In deciding an appeal, the court may-- 12
(a) confirm the decision appealed against; or 13
(b) set aside the decision and substitute another decision 14
that it considers appropriate.'. 15
Clause 16 Amendment of s 85 (Application for impounding order for 16
type 1 vehicle related offence) 17
Section 85(2)-- 18
omit, insert-- 19
`(2) Within 7 days after charging the person with the initiating 20
impoundment offence, a police officer may 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
Clause 17 Amendment of s 85A (Application for impounding order 25
for type 2 vehicle related offence) 26
(1) Section 85A(1), notes-- 27
Page 18
Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 18]
omit, insert-- 1
`Note-- 2
For vehicle related offences, the offences do not have to be committed 3
using the same vehicle.'. 4
(2) Section 85A(2)-- 5
omit, insert-- 6
`(2) Within 7 days after charging the person with the initiating 7
impoundment offence, a police officer may apply in the 8
approved form for an order that the motor vehicle be held at a 9
holding yard for a period of not more than 3 months 10
(impounding order).'. 11
Clause 18 Amendment of s 90 (Application for forfeiture order for 12
type 1 vehicle related offence) 13
(1) Section 90(1), after `74'-- 14
insert-- 15
`or 74A'. 16
(2) Section 90(2), `48 hours'-- 17
omit, insert-- 18
`7 days'. 19
Clause 19 Amendment of s 90A (Application for forfeiture order for 20
type 2 vehicle related offence) 21
(1) Section 90A(1), after `74'-- 22
insert-- 23
`or 74B'. 24
(2) Section 90A(1), notes-- 25
omit, insert-- 26
`Note-- 27
For type 2 vehicle related offences, the offences do not have to be 28
committed using the same vehicle.'. 29
(3) Section 90A(2), `48 hours'-- 30
Page 19
Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 20]
omit, insert-- 1
`7 days'. 2
Clause 20 Amendment of s 99A (Consideration of application for 3
impounding order--type 2 vehicle related offence) 4
Section 99A(1), notes-- 5
omit, insert-- 6
`Note-- 7
Section 110 makes provision for enforcing the order.'. 8
Clause 21 Amendment of s 102 (Community service instead of 9
impounding or forfeiture order) 10
(1) Section 102(1), `This section'-- 11
omit, insert-- 12
`Subsection (2)'. 13
(2) Section 102-- 14
insert-- 15
`(4) Subsection (5) applies if-- 16
(a) in a proceeding for an impounding order or a forfeiture 17
order in relation to an impounded motor vehicle, an 18
owner of a motor vehicle has a defence under section 19
107; and 20
(b) the driver to whom the application relates was not the 21
owner of the impounded motor vehicle. 22
`(5) The court may order the driver to perform not more than 240 23
hours community service.'. 24
Clause 22 Amendment of s 108 (Counting the occasions--general) 25
Section 108(1), note-- 26
omit, insert-- 27
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Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 23]
`Note-- 1
Applications may be made for type 1 vehicle related offences of any 2
kind or type 2 vehicle related offences of any kind, but not a 3
combination of type 1 and type 2 vehicle related offences.'. 4
Clause 23 Amendment of s 108A (References to previous occasions 5
in ss 81, 81B, 84, 85, 85A, 90, 90A and 91) 6
Section 108A, note-- 7
omit. 8
Clause 24 Amendment of s 108B (Matters for decisions under ss 85, 9
85A, 87, 87A, 9093 and 9699B and 101) 10
Section 108B(1), note-- 11
omit, insert-- 12
`Note-- 13
Applications may be made for type 1 vehicle related offences of any 14
kind or type 2 vehicle related offences of any kind, but not a 15
combination of type 1 and type 2 vehicle related offences.'. 16
Clause 25 Amendment of s 116 (Release of motor vehicle 17
impounded under s 74) 18
Section 116, heading, `s 74'-- 19
omit, insert-- 20
`ss 74, 74A or 74B'. 21
Clause 26 Amendment of s 117 (Release of motor vehicle if driver 22
found not guilty etc.) 23
Section 117-- 24
insert-- 25
`(2) A reference in subsection (1) to a finding of not guilty for a 26
prescribed offence includes, for an offence that is a type 2 27
vehicle related offence for which an infringement notice has 28
been served under section 71A, the withdrawal of an 29
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Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 27]
infringement notice under the State Penalties Enforcement Act 1
1999.'. 2
Clause 27 Insertion of new ch 24, pt 13 3
After section 869-- 4
insert-- 5
`Part 13 Transitional provisions for 6
Police Powers and 7
Responsibilities (Motor Vehicle 8
Impoundment) Amendment Act 9
2011 10
`870 Definitions for pt 13 11
`In this part-- 12
amendment Act means the Police Powers and Responsibilities 13
(Motor Vehicle Impoundment) Amendment Act 2011. 14
commencement means the commencement of the amendment 15
Act. 16
post-amended Act means this Act as in force from the 17
commencement. 18
relevant period means, if a person has been charged with, or 19
found guilty of, having committed a type 2 vehicle related 20
offence before the commencement, the period of not more 21
than 3 years before a type 2 vehicle related offence that the 22
person is charged with having committed after the 23
commencement. 24
`871 Different kinds of type 2 vehicle related offences 25
committed before and after commencement 26
`(1) This section applies if-- 27
(a) before the commencement, and within the relevant 28
period, the driver of a motor vehicle-- 29
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Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 27]
(i) has been charged with having committed a type 2 1
vehicle related offence on at least 1 previous 2
occasion and the charge has not been decided; or 3
(ii) has been charged with having committed type 2 4
vehicle related offences of different kinds on 2 or 5
more previous occasions and the charges have not 6
been decided; or 7
(iii) has been found guilty of a type 2 vehicle related 8
offence committed on 1 previous occasion; or 9
(iv) has been found guilty of type 2 vehicle related 10
offences of different kinds committed on 2 or more 11
previous occasions; or 12
(v) has been found guilty of having committed a type 2 13
vehicle related offence on at least 1 previous 14
occasion and has been charged with having 15
committed a different kind of type 2 vehicle related 16
offence on at least 1 previous occasion and the 17
charge has not been decided; and 18
(b) after the commencement, the driver is charged with 19
having committed a type 2 vehicle related offence of a 20
different kind from a type 2 vehicle related offence 21
mentioned in paragraph (a). 22
`(2) A police officer may not impound a motor vehicle under 23
section 74 or 74B of the post-amended Act on the basis that 24
the driver has been charged with, or found guilty of, having 25
committed a type 2 vehicle related offence mentioned in 26
subsection (1)(a). 27
`(3) A police officer may not apply to a court for an order for the 28
impoundment of a vehicle under section 85A on the basis that 29
the driver has been charged with, or found guilty of, having 30
committed a type 2 vehicle related offence mentioned in 31
subsection (1)(a). 32
`(4) A police officer may not apply to a court for an order for the 33
forfeiture of a vehicle under section 90A on the basis that the 34
driver has been charged with, or found guilty of, having 35
committed a type 2 vehicle related offence mentioned in 36
subsection (1)(a). 37
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Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 27]
`(5) For this section, a type 2 vehicle related offence is of a 1
different kind from another type 2 vehicle related offence if 2
each offence is described in a different paragraph of the 3
definition type 2 vehicle related offence in section 69A(2). 4
`872 Type 2 vehicle related offences of same kind 5
committed before and after commencement 6
`(1) This section applies if-- 7
(a) before the commencement, and within the relevant 8
period, the driver of a motor vehicle-- 9
(i) has been charged with having committed a type 2 10
vehicle related offence on at least 1 previous 11
occasion and the charge has not been decided; or 12
(ii) has been charged with having committed a type 2 13
vehicle related offence of the same kind on 2 or 14
more previous occasions and the charges have not 15
been decided; or 16
(iii) has been found guilty of a type 2 vehicle related 17
offence committed on 1 previous occasion; or 18
(iv) has been found guilty of type 2 vehicle related 19
offences of the same kind committed on 2 or more 20
previous occasions; or 21
(v) has been found guilty of having committed a type 2 22
vehicle related offence on at least 1 previous 23
occasion and has been charged with having 24
committed a type 2 vehicle related offence of the 25
same kind on at least 1 previous occasion and the 26
charge has not been decided; and 27
(b) after the commencement, the driver is charged with 28
having committed a type 2 vehicle related offence of the 29
same kind as a type 2 vehicle related offence mentioned 30
in paragraph (a). 31
`(2) To remove any doubt, it is declared that the provisions of the 32
post-amended Act about the impoundment and forfeiture of a 33
vehicle apply in relation to the type 2 vehicle related offences 34
committed before and after the commencement. 35
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Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 28]
`(3) For this section, a type 2 vehicle related offence is of the same 1
kind as another type 2 vehicle related offence if both offences 2
are within the description of an offence covered by a 3
paragraph of the definition type 2 vehicle related offence in 4
section 69A(2). 5
`873 Particular offence against Road Use Management 6
Act committed before commencement 7
`To remove any doubt, it is declared that if, before the 8
commencement, an offence mentioned in section 69A(2)(f) of 9
the post-amended Act is committed, chapter 4 of the 10
post-amended Act does not apply in relation to the offence.'. 11
Clause 28 Amendment of sch 6 (Dictionary) 12
(1) Schedule 6, definition found guilty-- 13
omit. 14
(2) Schedule 6-- 15
insert-- 16
`automatic impoundment period, for chapter 4, see section 17
69. 18
eligible person, for chapter 4, part 2, division 5, see section 19
84A. 20
found guilty, of an offence, means-- 21
(a) for a type 2 vehicle related offence for which an 22
infringement notice has been served under section 23
71A--there is payment of a penalty, in full or by 24
instalments, under the State Penalties Enforcement Act 25
1999; or 26
(b) otherwise--there is a finding of guilt, or the acceptance 27
of a plea of guilty, by a court, whether or not a 28
conviction is recorded. 29
impounded vehicle release notice, for chapter 4, part 2, 30
division 5, see section 84A. 31
Page 25
Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
[s 28]
information notice, for chapter 4, part 2, division 5, see 1
section 84A.'. 2
Page 26
Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011
Schedule
Schedule Minor amendments of Police 1
Powers and Responsibilities 2
Act 2000 3
section 3 4
1 Section 69A(1), notes, `Transport Operations (Road Use 5
Management--Road Rules) Regulation 1999, section 6
291(1)(b)'-- 7
omit, insert-- 8
`Transport Operations (Road Use Management--Road Rules) Regulation 9
2009, section 291(1)(b)'. 10
2 Section 69A(4), after `section 80'-- 11
insert-- 12
`of the Road Use Management Act'. 13
3 Section 108B, heading, `and 9699B'-- 14
omit, insert-- 15
`, 9699B'. 16
4 Section 108B(1), example, `subsection (1)'-- 17
omit, insert-- 18
`this subsection'. 19
© State of Queensland 2011
Page 27
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