Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 81

(1) This section applies if a motor vehicle has been impounded because of a type 1 vehicle related offence and a police officer reasonably suspects that, in addition to the initiating impoundment offence, and within the relevant period--

(a) the driver of the motor vehicle has previously been charged with having committed a type 1 vehicle related offence on at least 1 previous occasion within the relevant period and the charge has not been decided; or

(b) the driver of the motor vehicle has previously been found guilty of a type 1 vehicle related offence committed on at least 1 previous occasion within the relevant period.

(2) The impounding notice must state--

(a) that the motor vehicle is impounded for the initial impoundment period; and

(b) that an application will be made to a court or a magistrate for an order that the motor vehicle be impounded for up to 3 months, if either of the following apply to the driver at the time of the initiating impoundment--

(i) the driver has previously been charged with having committed a type 1 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment;

(ii) the driver has previously been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period; and

(c) that an application will be made to a court or a magistrate for an order that the motor vehicle be forfeited to the State, if any of the following apply to the driver at the time of the initiating impoundment--

(i) the driver has previously been charged with having committed type 1 vehicle related offences on at least 2 previous occasions within the relevant period and the charges have not been decided before the initiating impoundment;

(ii) the driver has previously been found guilty of having committed type 1 vehicle related offences on at least 2 previous occasions within the relevant period;

(iii) the driver has previously been found guilty of having committed a type 1 vehicle related offence on at least 1 previous occasion within the relevant period and has previously been charged with having committed a type 1 vehicle related offence on at least 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment; and

(d) the prescribed impoundment information.