Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 69A

(1) A type 1 vehicle related offence means any of the following offences committed in circumstances that involve a speed trial, a race between motor vehicles, or a burn out--

(a) an offence against the Criminal Code, section 328A committed on a road or in a public place;

(b) an offence against the Road Use Management Act, section 83;

(c) an offence against the Road Use Management Act, section 85;

(d) an offence against the Road Use Management Act involving wilfully starting a motor vehicle, or driving a motor vehicle, in a way that makes unnecessary noise or smoke.

Notes--

Under the Acts Interpretation Act 1954, section 7(1) a reference to a law includes a reference to statutory instruments made or in force under the law.

At the enactment of this definition, a relevant offence for paragraph (d), for example, is an offence against the Transport Operations (Road Use Management--Road Rules) Regulation 1999, section 291(1)(b).

(2) A type 2 vehicle related offence means any of the following offences--

(a) an offence against the Motor Accident Insurance Act 1994, section 20 that happens at the same time as an offence against the Road Use Management Act involving the use on a road of a vehicle that is not registered as required under that Act;

(b) an offence against the Road Use Management Act, section 78(1);

(c) an offence against the Road Use Management Act, section 79 in circumstances in which the driver of the motor vehicle involved in the offence is over the high alcohol limit within the meaning of the Road Use Management Act, section 79A;

(d) an offence against the Road Use Management Act, section 80(5A), (11) or (22D);

(e) an offence against the Road Use Management Act prescribed under a regulation for this paragraph involving a motor vehicle being driven on a road if--

(i) a defect notice has been issued under this Act or the Road Use Management Act in relation to the motor vehicle; and

(ii) under the notice, the motor vehicle must be inspected by an authorised officer under that Act to ensure it complies with that Act.

(3) For subsection (2)(e), a regulation may only prescribe an offence that involves--

(a) the motor vehicle (including its equipment) being modified in a way that required the owner to ensure that the modification had been approved under the Road Use Management Act; or

(b) the motor vehicle (including its equipment) being modified so that driving the motor vehicle on the road is an offence under the Road Use Management Act.

(4) A reference in subsection (2) to an offence against section 78(1) or 80(22D) of the Road Use Management Act does not include an offence relating to a suspension that could in law only be imposed because section 80 had been amended by the amendment.

(5) A reference in subsection (2) to an offence against section 80(5A) or (11) of the Road Use Management Act does not include an offence that in the circumstances could in law only be committed, or that the person could in law only be taken to be guilty of, because section 80 of the Road Use Management Act had been amended by the amendment.

(6) In this section--

amendment means the Transport Legislation and Another Act Amendment Act 2007, section 57.

Note for subsections (4) and (5)--

These subsections effectively exclude anything associated with saliva testing and saliva analysis under the Road Use Management Act from the operation of subsection (2).