Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 69

In this chapter--

applied section 258 see section 103.

applied section 259 see section 103.

burn out, for a motor vehicle, means wilfully drive the motor vehicle in a way that causes the tyres or a substance poured onto the road surface, or both, to smoke when the drive wheels lose traction with the road surface.

excessive noise means excessive noise mentioned in section 576(1) and to which chapter 19, part 3 applies.

forfeiture order--

(a) for a type 1 vehicle related offence--see section 90(2); or

(b) for a type 2 vehicle related offence--see section 90A(2); or

(c) for a motorbike noise order offence--see section 91(2).

impounding notice--

(a) for a vehicle related offence--see section 78(2); or

(b) for a motorbike noise direction offence or a motorbike noise order offence--see section 79(2).

impounding order--

(a) for a type 1 vehicle related offence--see section 85(2); or

(b) for a type 2 vehicle related offence--see section 85A(2); or

(c) for a motorbike noise order offence--see section 86(2).

initial impoundment period, for a motor vehicle, means--

(a) a period of 48 hours starting when the motor vehicle is impounded; or

(b) if the period of 48 hours ends at any time after 5p.m. and before 8a.m. on a day, a period starting when the motor vehicle is impounded and ending at 8a.m. next occurring on a business day after the period of 48 hours ends.

initiating impoundment, of a motor vehicle, means the impoundment of the motor vehicle for the initiating impoundment offence.

initiating impoundment offence means--

(a) the vehicle related offence for which a motor vehicle is impounded under this chapter; or

(b) for a motorbike noise order offence--the motorbike noise order offence because of which a police officer applies for an impounding order or a forfeiture order for the motorbike involved in the commission of the offence.

magistrate includes a Childrens Court magistrate.

modify, a motor vehicle, includes remove the engine or gearbox from the motor vehicle.

motorbike noise direction offence means the contravention of a noise abatement direction given in relation to excessive noise emitted by a motorbike being driven on a place other than a road.

motorbike noise order offence means the contravention of a noise abatement order given in relation to excessive noise emitted by a motorbike being driven on a place other than a road.

offence, in relation to which an application is made, means the initiating application offence and any other offence relied on for the purposes of any order under this chapter.

prescribed impoundment information means--

(a) information about how the owner of a motor vehicle impounded under this chapter may recover the motor vehicle; and

(b) a statement that, before the motor vehicle may be recovered, the owner may be required to produce satisfactory evidence of the ownership of the motor vehicle; and

(c) a statement that, if the driver is an adult, the driver will be required to pay the costs of removing and keeping the motor vehicle; and

(d) a statement that, if the driver is a child and the child is found guilty of the offence for which the motor vehicle was impounded, the court may order the child or the child's parent or guardian to pay the costs of removing and keeping the motor vehicle; and

(e) a statement that, if the owner of a motor vehicle fails to recover the motor vehicle after the period of impounding ends and the owner was the driver of the motor vehicle when it was impounded, the owner is liable to pay the costs of keeping the motor vehicle for each day after the period of impounding ends, whether or not the driver is found guilty of the offence for which the motor vehicle is impounded; and

(f) a statement that, if the owner of the motor vehicle fails to recover the motor vehicle after the period of impounding ends and the owner was not the driver of the motor vehicle when it was impounded, the owner is liable to pay the costs of keeping the motor vehicle for each day after the period of impoundment ends that is more than 2 business days after the owner is given the impounding notice; and

(g) the penalty for unlawfully removing the motor vehicle from the place at which it is held.

prescribed offence means--

(a) a motorbike noise order offence; or

(b) a vehicle related offence.

prescribed period, in relation to an application for an impounding order or a forfeiture order--

(a) for a vehicle related offence--means the relevant period and any period from the end of the relevant period to and including the day on which the application is heard and decided; or

(b) for a motorbike noise order offence--the period for which the motorbike noise order to which the offence relates is in force and any period from the end of that period to and including the day on which the application is heard and decided.

relevant court, in relation to an application for an impounding order or a forfeiture order for a motor vehicle, means--

(a) the Magistrates Court for the Magistrates Court district, or division of the district, in which the motor vehicle was impounded for the prescribed offence to which the application relates; or

(b) if the driver of the motor vehicle is a child--a Childrens Court constituted by a magistrate sitting in the Magistrates Court district, or division of the district, in which the motor vehicle was impounded for the prescribed offence to which the application relates.

relevant period--

(a) in relation to a motor vehicle impounded for a type 1 vehicle related offence--means the period of not more than 3 years before the initiating impoundment for the motor vehicle; or

(b) in relation to a motor vehicle impounded for a type 2 vehicle related offence committed after the commencement of the Police Powers and Responsibilities and Other Legislation Amendment Act 2006, section 5--means the period, after the commencement, of not more than 3 years before the initiating impoundment for the motor vehicle.

type 1 vehicle related offence see section 69A.

type 2 vehicle related offence see section 69A.

vehicle related offence means--

(a) a type 1 vehicle related offence; or

(b) a type 2 vehicle related offence.