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Queensland
Police Powers and
Responsibilities (Motor
Vehicle Impoundment) and
Other Legislation Amendment
Bill 2012
Queensland
Police Powers and Responsibilities (Motor
Vehicle Impoundment) and Other
Legislation Amendment Bill 2012
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Police Powers and Responsibilities Act 2000
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of ch 4, hdg (Motor vehicle impounding powers for
prescribed offences and motorbike noise direction offences) . . . 10
5 Amendment of s 69 (Definitions for ch 4) . . . . . . . . . . . . . . . . . . . 11
6 Amendment of s 69A (Meaning of type 1 and type 2 vehicle related
offences). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7 Omission of s 70A (References to type 2 vehicle related offences
including the same kind). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
8 Amendment of s 71 (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
9 Insertion of new s 71A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
71A When a charge for an offence for this chapter is taken
to not be decided if a proceeding for the offence is started
by infringement notice . . . . . . . . . . . . . . . . . . . . . . . . 15
10 Amendment of s 72 (Punishment under this chapter is in addition to
other punishment for the same offence) . . . . . . . . . . . . . . . . . . . . 16
11 Omission of ch 4, pt 1, div 3 (Application of chapter 4 to type 2 vehicle
related offences). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Replacement of ch 4, pt 2, hdg (Impounding motor vehicles) . . . 16
13 Replacement of ch 4, pt 2, div 1, hdg (Impounding powers and duties
after impounding) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
14 Replacement of s 74 (Impounding motor vehicles) . . . . . . . . . . . 17
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Contents
74 Impounding motor vehicles for first type 1 vehicle related
offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
15 Insertion of new ss 74A and 74B . . . . . . . . . . . . . . . . . . . . . . . . . 17
74A Impounding motor vehicles for second or subsequent
type 1 vehicle related offence. . . . . . . . . . . . . . . . . . . 18
74B Forfeiture of motor vehicles if driver found guilty of
second or subsequent type 1 vehicle related offence 18
16 Insertion of new ch 4, pt 2, divs 1A, 1B and 1C . . . . . . . . . . . . . . 19
Division 1A Impounding powers for type 2 vehicle related
offences and forfeiture of motor vehicles in
particular circumstances
74C Impounding motor vehicles for second or subsequent
type 2 vehicle related offence. . . . . . . . . . . . . . . . . . . 20
74D Impounding motor vehicles for third or subsequent type
2 vehicle related offence. . . . . . . . . . . . . . . . . . . . . . . 20
74E Impounding motor vehicles for fourth or subsequent
type 2 vehicle related offence. . . . . . . . . . . . . . . . . . . 21
74F Forfeiture of motor vehicles if driver found guilty of fourth
or subsequent type 2 vehicle related offence . . . . . . . 22
Division 1B Immobilising powers for type 1 and type 2
vehicle related offences
Subdivision 1 Preliminary
74G Purpose of div 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Subdivision 2 Removal and confiscation of number plate
powers
74H Power to remove and confiscate number plates. . . . . 24
74I Moving motor vehicle to which number plate confiscation
notice is attached . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Subdivision 3 Immobilising device powers
74J Power to attach immobilising device. . . . . . . . . . . . . . 25
Division 1C Vehicle production notices
74K Power to require motor vehicle to be produced . . . . . 25
74L Period of impoundment or immobilisation starts only when
motor vehicle produced . . . . . . . . . . . . . . . . . . . . . . . 26
74M Vehicle production notices generally . . . . . . . . . . . . . 26
17 Insertion of new ch 4, pt 2, div hdg. . . . . . . . . . . . . . . . . . . . . . . . 27
18 Amendment of s 75 (Particular powers for impounding motor
vehicles) ........................................ 27
19 Amendment of s 76 (Duties of police officer after impounding motor
vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
20 Amendment of s 77 (Police officer may authorise tow) . . . . . . . . 28
Page 2
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Contents
21 Replacement of s 78 (Impounding notice for vehicle related offence) 29
78 Impounding notice or immobilising notice for vehicle related
offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
22 Omission of s 79 (Impounding notice for motorbike noise direction
offence or motorbike noise order offence) . . . . . . . . . . . . . . . . . . 30
23 Omission of ch 4, pt 2, divs 2 and 2A. . . . . . . . . . . . . . . . . . . . . . 30
24 Insertion of new ch 4, pt 2, div 2. . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 2 Other provisions relating to impounded or
immobilised motor vehicles
Subdivision 1 Preliminary
79 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Subdivision 2 Application for release of impounded or
immobilised motor vehicle
79A Application for release of impounded or immobilised motor
vehicle on basis of severe hardship . . . . . . . . . . . . . . 32
79B Decision on application for release of impounded or
immobilised motor vehicle on basis of severe hardship 32
79C Application for release of impounded or immobilised motor
vehicle on basis prescribed offence happened without
owner's consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
79D Decision on application for release of impounded or
immobilised motor vehicle on basis prescribed offence
happened without owner's consent . . . . . . . . . . . . . . 35
79E Application for release of impounded or immobilised motor
vehicle on basis that circumstances giving rise to offence
have been rectified . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
79F Decision on application for release of impounded or
immobilised motor vehicle on basis that circumstances
giving rise to offence have been rectified . . . . . . . . . . 37
79G Application for release of impounded or immobilised motor
vehicle on basis that grounds for impoundment or
immobilisation unreasonable . . . . . . . . . . . . . . . . . . . 38
79H Decision on application for release of impounded or
immobilised motor vehicle on basis that grounds for
impoundment or immobilisation unreasonable . . . . . . 39
79I Impoundment or immobilisation ends if application for
release of motor vehicle granted . . . . . . . . . . . . . . . . 40
Subdivision 3 Appeals
79J Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
79K How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . 41
79L Effect of appeal on decision . . . . . . . . . . . . . . . . . . . . 41
79M Commissioner has right of appearance . . . . . . . . . . . 41
Page 3
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Contents
79N Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . 42
79O Powers of Magistrates Court . . . . . . . . . . . . . . . . . . . 42
Subdivision 4 Miscellaneous
79P Power to take certain action if breach of condition . . . 42
79Q Delegation--commissioner . . . . . . . . . . . . . . . . . . . . 42
25 Insertion of new ch 4, pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Part 2A Impounding motorbikes for motorbike noise
direction offences or motorbike noise order
offences
Division 1 Impounding powers for motorbike noise
direction offences or motorbike noise order
offences
80 Impounding motorbike for motorbike noise direction offence
or motorbike noise order offence . . . . . . . . . . . . . . . . 43
81 Impounding notice for motorbike noise direction offence or
motorbike noise order offence . . . . . . . . . . . . . . . . . . 44
26 Replacement of ch 4, pt 2A, div 3, hdg (Notice requirements for
motorbikes impounded for motorbike noise direction offences) . . 45
27 Omission of ch 4, pt 2A, div 4, hdg (Notice requirements for motorbikes
impounded for motorbike noise order offences) . . . . . . . . . . . . . . 45
28 Amendment of ch 4, pt 3, hdg (Obtaining impounding orders). . . 45
29 Omission of ch 4, pt 3, div 1, hdg (Impounding order application
provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
30 Omission of ss 85 and 85A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
31 Omission of ch 4, pt 3, div 2, hdg (Orders if offence not decided) 46
32 Omission of ss 87 and 87A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
33 Omission of ch 4, pt 3, div 3, hdg (Advice of date of hearing) . . . 46
34 Amendment of s 89 (Advice to owner of date of hearing) . . . . . . 46
35 Amendment of ch 4, pt 4, hdg (Obtaining forfeiture orders) . . . . . 47
36 Omission of ch 4, pt 4, div 1, hdg (Forfeiture order application
provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
37 Omission of ss 90 and 90A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
38 Omission of ch 4, pt 4, div 2, hdg (Orders if offence not decided) 47
39 Omission of ss 92 and 92A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
40 Omission of ch 4, pt 4, div 3, hdg (Advice of date of hearing) . . . 47
41 Amendment of s 94 (Advice to owner of date of hearing) . . . . . . 48
42 Amendment of s 95 (Where application is to be decided) . . . . . . 48
43 Omission of ss 96 and 96A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
44 Omission of ch 4, pt 5, divs 2 and 2A. . . . . . . . . . . . . . . . . . . . . . 48
Page 4
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Contents
45 Renumbering of ch 4, pt 5, div 3, hdg (Consideration of application if
made for motorbike noise order offence) . . . . . . . . . . . . . . . . . . . 48
46 Replacement of ch 4, pt 5, div 4, hdg (Other provisions about
applications and orders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
47 Omission of ch 4, pt 5, div 3, sdiv 1, hdg (Community service orders) 49
48 Amendment of s 102 (Community service instead of impounding or
forfeiture order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
49 Insertion of new ch 4, pt 5A, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 49
50 Replacement of ch 4, pt 5A, sdiv 2, hdg (Costs orders for child
drivers) ......................................... 49
51 Amendment of s 103 (Costs order for child drivers) . . . . . . . . . . . 50
52 Amendment of s 104 (Application of applied sections for s 103) . 51
53 Amendment of ch 4, pt 5A, sdiv 3, hdg (Offences). . . . . . . . . . . . 52
54 Insertion of new ss 105A to 105F. . . . . . . . . . . . . . . . . . . . . . . . . 52
105A Failure to comply with requirement to produce motor
vehicle ................................. 52
105B Offence to operate vehicle during number plate
confiscation period . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
105C Offence to remove, tamper with or modify number plate
confiscation notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
105D Offence to tamper with, remove or modify immobilising
device . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
105E Offence to operate motor vehicle if immobilising device
unlawfully removed, tampered with or modified . . . . . 53
105F Offence to breach condition made on release of motor
vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
55 Amendment of s 106 (Offence to modify, sell or dispose of motor vehicle
before application decided) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
56 Insertion of new s 106A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
106A Offence to modify, sell or dispose of motor vehicle subject to
vehicle production notice . . . . . . . . . . . . . . . . . . . . . . 54
57 Replacement of s 107 (Defence) . . . . . . . . . . . . . . . . . . . . . . . . . 54
107 Defence in relation to motorbike noise order offences 54
58 Amendment of s 108 (Counting the occasions--general) . . . . . . 54
59 Amendment of s 108A (References to previous occasions in ss 81,
81B, 84, 85, 85A, 90, 90A and 91) . . . . . . . . . . . . . . . . . . . . . . . . 55
60 Amendment of s 108B (Matters for decisions under ss 85, 85A, 87,
87A, 90-93 and 96-99B and 101) . . . . . . . . . . . . . . . . . . . . . . . . 55
61 Amendment of s 110 (Powers for enforcing court order) . . . . . . . 55
62 Amendment of ch 4, pt 6, div 1, hdg (Liability for cost of impounding) 56
Page 5
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Contents
63 Amendment of s 111 (State's liability to pay costs of impounding) 56
64 Amendment of s 112 (Liability to pay costs of impounding--adult
driver) ........................................... 56
65 Replacement of s 113 (Liability to pay costs of impounding--child
driver) ........................................... 57
113 Liability to pay costs of impounding or immobilisation--child
driver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
66 Amendment of ch 4, pt 6, div 2, hdg (Release of impounded vehicle) 58
67 Amendment of s 116 (Release of motor vehicle impounded under
s 74) .......................................... 58
68 Amendment of s 117 (Release of motor vehicle if driver found not
guilty etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
69 Amendment of ch 4, pt 6, div 3, hdg (Sale, transfer or disposal of
impounded or forfeited motor vehicle) . . . . . . . . . . . . . . . . . . . . . 60
70 Insertion of new s 118A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
118A Sale of impounded motor vehicle if driver fails to appear 60
71 Amendment of s 119 (Voluntary transfer of ownership of motor vehicle
to State) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
72 Amendment of s 121 (Application of proceeds of sale) . . . . . . . . 62
73 Insertion of new s 121A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
121A Compensation for disposal of motor vehicle if driver found
not guilty etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
74 Amendment of s 122 (Protection from liability). . . . . . . . . . . . . . . 63
75 Amendment of s 123 (Third party protection from forfeiture order) 64
76 Replacement of s 752 (Interaction between ch 4 and this chapter) 65
752 Interaction between ch 4 and this chapter . . . . . . . . . 65
77 Amendment of s 809 (Regulation-making power) . . . . . . . . . . . . 66
78 Insertion of new ch 24, pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Part 13 Transitional provisions for Police Powers and
Responsibilities (Motor Vehicle Impoundment)
and Other Legislation Amendment Act 2012
870 Definitions for pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . 66
871 Two type 1 vehicle related offences committed before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
872 One type 1 vehicle related offence committed before
commencement and another type 1 vehicle related offence
committed after commencement . . . . . . . . . . . . . . . . 67
873 Different kinds of type 2 vehicle related offences committed
before and after commencement . . . . . . . . . . . . . . . . 68
874 Type 2 vehicle related offences of same kind committed
before and after commencement . . . . . . . . . . . . . . . . 69
Page 6
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Contents
875 Existing applications for impounding order applications 70
876 Existing applications for forfeiture order applications . 70
79 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 70
80 Other amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Part 3 Amendment of Corrective Services Act 2006
81 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
82 Amendment of s 12 (Prisoner security classification). . . . . . . . . . 72
83 Amendment of s 13 (Reviewing prisoner's security classification) 72
84 Insertion of new ch 7A, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Part 6 Transitional provision for Police Powers and
Responsibilities (Motor Vehicle Impoundment)
and Other Legislation Amendment Act 2012
490B Application of amendment Act . . . . . . . . . . . . . . . . . . 73
Schedule Consequential amendments of the Police Powers and
Responsibilities Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Page 7
2012
A Bill
for
An Act to amend the Police Powers and Responsibilities Act
2000 and the Corrective Services Act 2006 for particular
purposes, and to make consequential amendments of the Act
mentioned in the schedule
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 1 Preliminary
[s 1]
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 (Motor Vehicle Impoundment) and Other 5
Legislation Amendment Act 2012. 6
Clause 2 Commencement 7
Part 2 commences on a day to be fixed by proclamation. 8
Part 2 Amendment of Police Powers 9
and Responsibilities Act 2000 10
Clause 3 Act amended 11
This part amends the Police Powers and Responsibilities Act 12
2000. 13
Note-- 14
See also the amendments in the schedule. 15
Clause 4 Amendment of ch 4, hdg (Motor vehicle impounding 16
powers for prescribed offences and motorbike noise 17
direction offences) 18
Chapter 4, heading, `Motor vehicle impounding powers'-- 19
omit, insert-- 20
`Motor vehicle impounding and immobilising powers'. 21
Page 10
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 5]
Clause 5 Amendment of s 69 (Definitions for ch 4) 1
(1) Section 69, definitions burn out, forfeiture order, impounding 2
order and relevant period-- 3
omit. 4
(2) Section 69-- 5
insert-- 6
`burn out, for a motor vehicle, means wilfully drive the motor 7
vehicle in a way that causes a sustained loss of traction of one 8
or more of the wheels with the road surface. 9
Examples-- 10
· driving a motor vehicle in a way that causes a sustained loss of 11
traction of one or more of the drive wheels with a road surface so 12
that the tyres or a substance poured onto the road surface smokes 13
· driving a motor vehicle in a way that causes a sustained loss of 14
traction of one or more of the drive wheels with a wet or gravelled 15
road surface, regardless of whether or not the tyres smoke because 16
of the loss of traction 17
forfeiture order, for a motorbike noise order offence, see 18
section 91(2). 19
immobilise, for a motor vehicle, includes restrict the use of 20
the motor vehicle by way of an immobilising device or the 21
removal and confiscation of the motor vehicle's number 22
plates. 23
immobilising device, for a motor vehicle, includes a wheel 24
clamp. 25
immobilising notice, for a vehicle related offence, see section 26
78(2). 27
impounding order, for a motorbike noise order offence, see 28
section 86(2). 29
initiating immobilisation, of a motor vehicle, means the 30
immobilisation of the motor vehicle for the initiating 31
immobilisation offence. 32
Page 11
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 5]
initiating immobilisation offence means the vehicle related 1
offence for which a motor vehicle is immobilised under this 2
chapter. 3
number plate means a plate or other device designed to be 4
attached to a motor vehicle to identify the motor vehicle. 5
number plate confiscation notice see section 74H(2). 6
number plate confiscation period see section 74H(3). 7
prescribed impoundment period, for a motor vehicle, 8
means-- 9
(a) a period prescribed under this Act to be the period of 10
impoundment for the motor vehicle starting when the 11
motor vehicle is impounded; or 12
Example for paragraph (a)-- 13
A motor vehicle is impounded at 3p.m. on 1 August. If the 14
period of impoundment prescribed under this Act is 7 days, the 15
prescribed impoundment period ends at 3p.m. on 8 August. 16
(b) if the period prescribed ends at any time other than 17
between 8a.m. and 5p.m. on a business day, a period 18
starting when the motor vehicle is impounded and 19
ending at 8a.m. next occurring on a business day after 20
the period prescribed ends. 21
Examples for paragraph (b)-- 22
1 A motor vehicle is impounded at 3a.m. on Wednesday, 1 23
August. If the period of impoundment prescribed under this 24
Act is 7 days, the period of 7 days ends at 3a.m. on 25
Wednesday, 8 August. However, the prescribed 26
impoundment period ends at 8a.m. on Wednesday, 8 27
August. 28
2 A motor vehicle is impounded at 7p.m. on Sunday, 1 April. 29
If the period of impoundment prescribed under this Act is 30
90 days, the period of 90 days ends at 7p.m. on Saturday, 30 31
June. However, the prescribed impoundment period ends at 32
8a.m. on Monday, 2 July. 33
relevant period, in relation to a motor vehicle impounded or 34
immobilised for a type 1 vehicle related offence or a type 2 35
vehicle related offence, means the period of not more than 5 36
Page 12
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 6]
years before the initiating impoundment or initiating 1
immobilisation for the motor vehicle. 2
vehicle production notice see section 74K(2).'. 3
(3) Section 69, definition impounding notice, paragraph (b), 4
`section 79(2)'-- 5
omit, insert-- 6
`section 81(2)'. 7
(4) Section 69, definition prescribed impoundment information, 8
`motor vehicle'-- 9
omit, insert-- 10
`motorbike'. 11
Clause 6 Amendment of s 69A (Meaning of type 1 and type 2 12
vehicle related offences) 13
(1) Section 69A(1)-- 14
omit, insert-- 15
`(1) A type 1 vehicle related offence means-- 16
(a) any of the following offences committed in 17
circumstances that involve a speed trial, a race between 18
motor vehicles, or a burn out-- 19
(i) an offence against the Criminal Code, section 20
328A committed on a road or in a public place; 21
(ii) an offence against the Road Use Management Act, 22
section 83; 23
(iii) an offence against the Road Use Management Act, 24
section 85; 25
(iv) an offence against the Road Use Management Act 26
involving wilfully starting a motor vehicle, or 27
driving a motor vehicle, in a way that makes 28
unnecessary noise or smoke; or 29
(b) an offence against section 754(2). 30
Page 13
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 7]
Notes-- 1
Under the Acts Interpretation Act 1954, section 7(1) a reference to a law 2
includes a reference to statutory instruments made or in force under the 3
law. 4
At the enactment of this definition, a relevant offence for paragraph 5
(a)(iv), for example, is an offence against the Transport Operations 6
(Road Use Management--Road Rules) Regulation 2009, section 7
291(1)(b).'. 8
(2) Section 69A(2)-- 9
insert-- 10
`(f) an offence against the Road Use Management Act 11
involving a driver of a motor vehicle in circumstances in 12
which the driver exceeds a speed limit, applying to the 13
driver for the length of road where the driver is driving, 14
by more than 40km/h. 15
Example of relevant offence for paragraph (f)-- 16
an offence against the Transport Operations (Road Use 17
Management--Road Rules) Regulation 2009, section 20.'. 18
(3) Section 69A-- 19
insert-- 20
`(3A) A reference in subsection (2)(e) to an offence involving a 21
motor vehicle being driven on a road includes an offence 22
involving modifying a vehicle if the modified vehicle is driven 23
on a road.'. 24
(4) Section 69A(4), after `section 80'-- 25
insert-- 26
`of the Road Use Management Act'. 27
Clause 7 Omission of s 70A (References to type 2 vehicle related 28
offences including the same kind) 29
Section 70A-- 30
omit. 31
Page 14
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 8]
Clause 8 Amendment of s 71 (When a person is charged for this 1
chapter in relation to a prescribed offence if a proceeding 2
for the offence is started by notice to appear or arrest) 3
(1) Section 71, heading, from `if' to `arrest'-- 4
omit. 5
(2) Section 71-- 6
insert-- 7
`(1A) This section also applies for this chapter if a police officer 8
serves an infringement notice on a person for an infringement 9
notice offence that is a vehicle related offence.'. 10
(3) Section 71-- 11
insert-- 12
`(4) If a person is served with an infringement notice, the person is 13
taken to be charged with having committed the offence when 14
the infringement notice is served on the person. 15
Note-- 16
See the State Penalties Enforcement Act 1999, sections 13 (Service of 17
infringement notices--generally) and 14 (Service of infringement 18
notices for infringement notice offences involving vehicles).'. 19
(4) Section 71(1A) to (4)-- 20
renumber as section 71(2) to (5). 21
Clause 9 Insertion of new s 71A 22
After section 71-- 23
insert-- 24
`71A When a charge for an offence for this chapter is taken 25
to not be decided if a proceeding for the offence is 26
started by infringement notice 27
`(1) This section applies for this chapter if a police officer serves 28
an infringement notice on a person for an infringement notice 29
offence that is a vehicle related offence. 30
`(2) The charge for the offence is taken to not be decided if-- 31
Page 15
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 10]
(a) there has been no payment of a penalty, in full or by 1
instalments, under the State Penalties Enforcement Act 2
1999; and 3
(b) the registrar under the State Penalties Enforcement Act 4
1999 has not registered a default certificate for the 5
infringement notice under that Act; and 6
(c) the person has not otherwise been found guilty of the 7
offence.'. 8
Clause 10 Amendment of s 72 (Punishment under this chapter is in 9
addition to other punishment for the same offence) 10
Section 72, after `impounding'-- 11
insert-- 12
`, immobilisation'. 13
Clause 11 Omission of ch 4, pt 1, div 3 (Application of chapter 4 to 14
type 2 vehicle related offences) 15
Chapter 4, part 1, division 3-- 16
omit. 17
Clause 12 Replacement of ch 4, pt 2, hdg (Impounding motor 18
vehicles) 19
Chapter 4, part 2, heading-- 20
omit, insert-- 21
`Part 2 Impounding and immobilising 22
motor vehicles and forfeiture of 23
motor vehicles'. 24
Clause 13 Replacement of ch 4, pt 2, div 1, hdg (Impounding powers 25
and duties after impounding) 26
Chapter 4, part 2, div 1, heading-- 27
Page 16
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 14]
omit, insert-- 1
`Division 1 Impounding powers for type 1 2
vehicle related offences and 3
forfeiture of motor vehicles in 4
particular circumstances'. 5
Clause 14 Replacement of s 74 (Impounding motor vehicles) 6
Section 74-- 7
omit, insert-- 8
`74 Impounding motor vehicles for first type 1 vehicle related 9
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 in relation to the motor vehicle. 13
Note-- 14
For when a person is charged with an offence, see section 71. 15
`(2) A motor vehicle may be impounded under subsection (1) for 16
the prescribed impoundment period. 17
Note-- 18
See section 117 about the release of a motor vehicle if the driver of the 19
motor vehicle is found not guilty of the prescribed offence or the 20
proceeding is discontinued. 21
`(3) The prescribed impoundment period for a motor vehicle 22
impounded under subsection (1) is 90 days.'. 23
Clause 15 Insertion of new ss 74A and 74B 24
After section 74-- 25
insert-- 26
Page 17
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 15]
`74A Impounding motor vehicles for second or subsequent 1
type 1 vehicle related offence 2
`(1) A police officer may impound a motor vehicle if the driver of 3
the motor vehicle is charged with having committed a type 1 4
vehicle related offence in relation to the motor vehicle and-- 5
(a) the driver of the motor vehicle has been charged with 6
having committed a type 1 vehicle related offence on 1 7
previous occasion within the relevant period and the 8
charge has not been decided; or 9
(b) the driver of the motor vehicle has previously been 10
found guilty of a type 1 vehicle related offence 11
committed on 1 previous occasion within the relevant 12
period. 13
Notes-- 14
1 For when a person is charged with an offence, see section 71. 15
2 For when a charge for an offence is taken to be not decided if the 16
proceeding for the offence is started by the service of an 17
infringement notice, see section 71A. 18
`(2) A motor vehicle impounded under subsection (1) may be 19
impounded until the end of proceedings for all charges under 20
this section. 21
Note-- 22
See section 117 about the release of a motor vehicle if the driver of the 23
motor vehicle is found not guilty of the prescribed offence or the 24
proceeding is discontinued. 25
`(3) This section applies subject to division 2. 26
Note-- 27
Division 2 contains provisions relating to applications for release of 28
impounded or immobilised motor vehicles. 29
`74B Forfeiture of motor vehicles if driver found guilty of 30
second or subsequent type 1 vehicle related offence 31
`(1) This section applies in relation to a motor vehicle impounded 32
under section 74A if the driver of the motor vehicle-- 33
Page 18
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 16]
(a) has been found guilty of a type 1 vehicle related offence 1
committed on 1 previous occasion within the relevant 2
period; and 3
(b) is found guilty of a second or subsequent type 1 vehicle 4
related offence mentioned in section 74A(1). 5
`(2) On the driver being found guilty-- 6
(a) the motor vehicle becomes the property of the State; and 7
(b) any right of a person to enforce a security interest under 8
the Personal Property Securities Act 2009 (Cwlth) 9
against a person other than the State by taking 10
possession of the vehicle is extinguished. 11
`(3) This section applies subject to division 2. 12
Note-- 13
Under division 2 the commissioner may grant an application for the 14
release of an impounded or immobilised motor vehicle. 15
`(4) However, subsection (5) applies if-- 16
(a) before the driver of the motor vehicle is found guilty of 17
the offence mentioned in subsection (1)(b), the motor 18
vehicle is released under section 79D, 79F or 79H with a 19
condition; and 20
(b) the motor vehicle is later impounded or immobilised 21
under section 79P because of a breach of the condition. 22
`(5) Subsection (2) applies in relation to the motor vehicle as if the 23
motor vehicle had not been released under section 79D, 79F 24
or 79H.'. 25
Clause 16 Insertion of new ch 4, pt 2, divs 1A, 1B and 1C 26
After section 74B-- 27
insert-- 28
Page 19
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 16]
`Division 1A Impounding powers for type 2 1
vehicle related offences and 2
forfeiture of motor vehicles in 3
particular circumstances 4
`74C Impounding motor vehicles for second or subsequent 5
type 2 vehicle related offence 6
`(1) A police officer may impound a motor vehicle if the driver of 7
the motor vehicle is charged with having committed a type 2 8
vehicle related offence in relation to the motor vehicle and-- 9
(a) the driver of the motor vehicle has been charged with 10
having committed a type 2 vehicle related offence on 1 11
previous occasion within the relevant period and the 12
charge has not been decided before the initiating 13
impoundment; or 14
(b) the driver of the motor vehicle has previously been 15
found guilty of a type 2 vehicle related offence 16
committed on 1 previous occasion within the relevant 17
period. 18
Note-- 19
For when a person is charged with an offence, see section 71. 20
`(2) A motor vehicle may be impounded under subsection (1) for 21
the prescribed impoundment period. 22
Note-- 23
See section 117 about the release of a motor vehicle if the driver of the 24
motor vehicle is found not guilty of the prescribed offence or the 25
proceeding is discontinued. 26
`(3) The prescribed impoundment period for a motor vehicle 27
impounded under subsection (1) is 7 days. 28
`74D Impounding motor vehicles for third or subsequent type 29
2 vehicle related offence 30
`(1) A police officer may impound a motor vehicle if the driver of 31
the motor vehicle is charged with having committed a type 2 32
vehicle related offence and-- 33
Page 20
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 16]
(a) the driver of the motor vehicle has been charged with 1
having committed type 2 vehicle related offences on 2 2
previous occasions within the relevant period and the 3
charges have not been decided before the initiating 4
impoundment; or 5
(b) the driver of the motor vehicle has previously been 6
found guilty of type 2 vehicle related offences 7
committed on 2 previous occasions within the relevant 8
period; or 9
(c) the driver of the motor vehicle-- 10
(i) has previously been found guilty of having 11
committed a type 2 vehicle related offence on 1 12
previous occasion within the relevant period; and 13
(ii) has been charged with having committed a type 2 14
vehicle related offence on 1 previous occasion 15
within the relevant period and the charge has not 16
been decided before the initiating impoundment. 17
Notes-- 18
1 For when a person is charged with an offence, see section 71. 19
2 For when a charge for an offence is taken to be not decided if the 20
proceeding for the offence is started by the service of an 21
infringement notice, see section 71A. 22
`(2) A motor vehicle may be impounded under subsection (1) for 23
the prescribed impoundment period. 24
Note-- 25
See section 117 about the release of a motor vehicle if the driver of the 26
motor vehicle is found not guilty of the prescribed offence or the 27
proceeding is discontinued. 28
`(3) The prescribed impoundment period for a motor vehicle 29
impounded under subsection (1) is 90 days. 30
`74E Impounding motor vehicles for fourth or subsequent 31
type 2 vehicle related offence 32
`(1) A police officer may impound a motor vehicle if-- 33
Page 21
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 16]
(a) the driver of the motor vehicle is charged with having 1
committed a type 2 vehicle related offence; and 2
(b) the driver of the motor vehicle has been charged with 3
having committed type 2 vehicle related offences on 3 4
previous occasions within the relevant period; and 5
(c) for each of the charges mentioned in paragraph (b)-- 6
(i) the charge has not been decided; or 7
(ii) the driver has been found guilty. 8
Notes-- 9
1 For when a person is charged with an offence, see section 71. 10
2 For when a charge for an offence is taken to be not decided if the 11
proceeding for the offence is started by the service of an 12
infringement notice, see section 71A. 13
`(2) A motor vehicle impounded under subsection (1) may be 14
impounded until the end of proceedings for all charges under 15
this section. 16
Note-- 17
See section 117 about the release of a motor vehicle if the driver of the 18
motor vehicle is found not guilty of the prescribed offence or the 19
proceeding is discontinued. 20
`(3) This section applies subject to division 2. 21
Note-- 22
Division 2 contains provisions relating to applications for release of 23
impounded or immobilised motor vehicles. 24
`74F Forfeiture of motor vehicles if driver found guilty of 25
fourth or subsequent type 2 vehicle related offence 26
`(1) This section applies in relation to a motor vehicle impounded 27
under section 74E if the driver of the motor vehicle-- 28
(a) has been found guilty of 3 type 2 vehicle related 29
offences committed within the relevant period; and 30
(b) is found guilty of the fourth or subsequent type 2 vehicle 31
related offence mentioned in section 74E(1). 32
Page 22
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 16]
`(2) On the driver being found guilty-- 1
(a) the motor vehicle becomes the property of the State; and 2
(b) any right of a person to enforce a security interest under 3
the Personal Property Securities Act 2009 (Cwlth) 4
against a person other than the State by taking 5
possession of the vehicle is extinguished. 6
`(3) This section applies subject to division 2. 7
Note-- 8
Under division 2 the commissioner may grant an application for the 9
release of an impounded or immobilised motor vehicle. 10
`(4) However, subsection (5) applies if-- 11
(a) before the driver of the motor vehicle is found guilty of 12
the offence mentioned in subsection (1)(b), the motor 13
vehicle is released under section 79D, 79F or 79H with a 14
condition; and 15
(b) the motor vehicle is later impounded or immobilised 16
under section 79P because of a breach of the condition. 17
`(5) Subsection (2) applies in relation to the motor vehicle as if the 18
motor vehicle had not been released under section 79D, 79F 19
or 79H.'. 20
`Division 1B Immobilising powers for type 1 and 21
type 2 vehicle related offences 22
`Subdivision 1 Preliminary 23
`74G Purpose of div 1B 24
`The purpose of this division is to provide another way for 25
keeping a motor vehicle, that may be impounded under 26
division 1 or 1A, at a place other than a holding yard. 27
Page 23
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 16]
`Subdivision 2 Removal and confiscation of 1
number plate powers 2
`74H Power to remove and confiscate number plates 3
`(1) This section applies if-- 4
(a) a police officer may impound a motor vehicle under 5
division 1 or 1A; and 6
(b) the police officer decides that it is appropriate in the 7
circumstances for the motor vehicle to be kept at a place 8
other than a holding yard for the impoundment period. 9
`(2) The police officer may remove and confiscate the number 10
plates attached to the motor vehicle and attach a notice (a 11
number plate confiscation notice) to the motor vehicle. 12
`(3) Except as provided under this chapter, a motor vehicle to 13
which a number plate confiscation notice is attached under 14
this section is prohibited from being operated for the period 15
stated in the notice (the number plate confiscation period) for 16
which the vehicle would have been kept in a holding yard and 17
commencing on the day the notice is attached to the vehicle. 18
Note-- 19
See sections 105B and 105C for number plate offences. 20
`74I Moving motor vehicle to which number plate confiscation 21
notice is attached 22
`A motor vehicle to which a number plate confiscation notice 23
is attached under section 74H may be moved (for example, by 24
being driven or towed) to a place authorised by a police officer 25
where the motor vehicle may lawfully stand. 26
Page 24
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 16]
`Subdivision 3 Immobilising device powers 1
`74J Power to attach immobilising device 2
`(1) This section applies if-- 3
(a) a police officer may impound a motor vehicle under 4
division 1 or 1A; and 5
(b) the police officer decides that it is appropriate in the 6
circumstances for the motor vehicle to be kept at a place 7
other than a holding yard for the impoundment period. 8
`(2) The police officer may attach an immobilising device, or 9
arrange for an immobilising device to be attached, to the 10
motor vehicle. 11
`(3) Except as provided under this chapter, a motor vehicle to 12
which an immobilising device is attached under this section is 13
prohibited from being operated for the period for which the 14
vehicle would have been kept in a holding yard commencing 15
on the day the device is attached to the vehicle. 16
Note-- 17
See sections 105D and 105E for immobilising device offences. 18
`Division 1C Vehicle production notices 19
`74K Power to require motor vehicle to be produced 20
`(1) This section applies if a police officer may-- 21
(a) impound a motor vehicle under division 1 or 1A; or 22
(b) immobilise a motor vehicle under division 1B. 23
`(2) The police officer may require the owner or driver by notice in 24
the approved form (a vehicle production notice) to produce 25
the vehicle at a stated place and stated time for impoundment 26
or immobilisation. 27
`(3) The time or place stated in the notice must be reasonable in 28
the circumstances. 29
Page 25
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 16]
`(4) If for any reason it is not practicable to give a vehicle 1
production notice, the requirement may be made orally and 2
confirmed by a vehicle production notice as soon as 3
practicable. 4
`74L Period of impoundment or immobilisation starts only 5
when motor vehicle produced 6
`(1) This section applies to a motor vehicle in relation to which a 7
vehicle production notice has been given under section 74K. 8
`(2) The period for which the motor vehicle is impounded under 9
division 1 or 1A, or immobilised under this division, starts 10
only when the motor vehicle is produced at the place stated in 11
the notice. 12
`74M Vehicle production notices generally 13
`(1) The date stated in a vehicle production notice for production 14
of a motor vehicle must be a date that is no later than the first 15
business day occurring 5 days after the notice is given. 16
`(2) The disposal of a motor vehicle within the period of 5 days 17
after a vehicle production notice is given in relation to the 18
motor vehicle does not affect the requirement to produce the 19
motor vehicle in accordance with the notice, except as 20
provided by subsection (3). 21
`(3) A vehicle production notice ceases to have effect in relation to 22
a motor vehicle if it is withdrawn by the commissioner by 23
notice in writing given to-- 24
(a) the owner of the motor vehicle; or 25
(b) a person who purchased the motor vehicle after the 26
production notice was given who satisfies the 27
commissioner that the purchase was made in good faith 28
for value and without notice, at the time of the purchase, 29
of the production notice.'. 30
Page 26
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 17]
Clause 17 Insertion of new ch 4, pt 2, div hdg 1
Before section 75-- 2
insert-- 3
`Division 1D General provisions relating to 4
impounding and immobilising 5
motor vehicles'. 6
Clause 18 Amendment of s 75 (Particular powers for impounding 7
motor vehicles) 8
(1) Section 75, heading, after `impounding'-- 9
insert-- 10
`or immobilising'. 11
(2) Section 75(1), `section 74'-- 12
omit, insert-- 13
`divisions 1, 1A or part 2A, division 1, or to immobilise a 14
motor vehicle under division 1B'. 15
(3) Section 75(1)(d), after `impound'-- 16
insert-- 17
`or immobilise'. 18
(4) Section 75(1)(f), after `impounding'-- 19
insert-- 20
`or immobilising'. 21
(5) Section 75(2), after `impounding'-- 22
insert-- 23
`or immobilising'. 24
(6) Section 75-- 25
insert-- 26
`(2A) After impounding a motor vehicle, a police officer may move 27
the motor vehicle, or arrange for the motor vehicle to be 28
Page 27
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 19]
moved, to a holding yard in the way the police officer 1
considers appropriate. 2
Example of ways of moving a motor vehicle after it is impounded-- 3
driving, pushing, towing or transporting the motor vehicle'. 4
(7) Section 75(4), after `impounded'-- 5
insert-- 6
`or immobilised'. 7
Clause 19 Amendment of s 76 (Duties of police officer after 8
impounding motor vehicle) 9
(1) Section 76, heading-- 10
omit, insert-- 11
`76 Release of motor vehicle in particular circumstances'. 12
(2) Section 76(1)-- 13
omit. 14
(3) Section 76(2), `However, if the motor vehicle'-- 15
omit, insert-- 16
`If a motor vehicle that is impounded or immobilised'. 17
(4) Section 76(2) and (3)-- 18
renumber as section 76(1) and (2). 19
Clause 20 Amendment of s 77 (Police officer may authorise tow) 20
(1) Section 77(1)-- 21
omit, insert-- 22
`(1) This section applies if a police officer-- 23
(a) arranges for an impounded motor vehicle to be towed to 24
a holding yard; or 25
(b) arranges for an immobilised motor vehicle to be towed 26
to a place.'. 27
Page 28
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 21]
(2) Section 77(2), after `impounded'-- 1
insert-- 2
`or immobilised'. 3
(3) Section 77(3), after `impounded'-- 4
insert-- 5
`or immobilised'. 6
(4) Section 77(3)(a)-- 7
omit, insert-- 8
`(a) if the police officer directs the driver to tow the motor 9
vehicle to a particular holding yard or place--the 10
holding yard or the place; or'. 11
Clause 21 Replacement of s 78 (Impounding notice for vehicle 12
related offence) 13
Section 78-- 14
omit, insert-- 15
`78 Impounding notice or immobilising notice for vehicle 16
related offence 17
`(1) This section applies if a motor vehicle is impounded or 18
immobilised for a vehicle related offence. 19
`(2) As soon as reasonably practicable, a police officer must give 20
written notice in the approved form (impounding notice) of 21
the impounding, or written notice in the approved form 22
(immobilising notice) of the immobilising, to-- 23
(a) the driver of the motor vehicle; and 24
(b) if the driver is not the owner or not the only owner of the 25
motor vehicle--the owner or each other owner of the 26
motor vehicle. 27
`(3) If the driver is a child, the impounding notice or the 28
immobilising notice must also be given to the child's parent or 29
guardian if it is reasonably practicable to do so, unless the 30
parent or guardian is given notice under subsection (2). 31
Page 29
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 22]
`(4) The impounding notice or the immobilising notice must 1
state-- 2
(a) the period that the motor vehicle is impounded or 3
immobilised for; and 4
(b) information about how the owner of a motor vehicle 5
impounded or immobilised under this chapter may 6
recover the motor vehicle; and 7
(c) any other information prescribed under a regulation. 8
`(5) When giving an impounding notice or immobilising notice 9
under this section to a child or the child's parent or guardian, 10
the police officer giving the notice must also give the person 11
an explanation of the matters stated in the impounding notice 12
or immobilising notice. 13
`(6) The police officer may give the explanation by giving the 14
person a statement, in the approved form, containing the 15
explanation if it is appropriate in the circumstances to do so. 16
`(7) An impounding notice or immobilising notice given to a 17
driver under subsection (2)(a) must be given personally to the 18
driver. 19
`(8) If the name of an owner of the motor vehicle is not known, an 20
impounding notice or immobilising notice required to be 21
given to the owner under subsection (2)(b) may be given by 22
making the information required to be included on the 23
impounding notice or immobilising notice, other than the 24
owner's name and address, available on the police service 25
internet website.'. 26
Clause 22 Omission of s 79 (Impounding notice for motorbike noise 27
direction offence or motorbike noise order offence) 28
Section 79-- 29
omit. 30
Clause 23 Omission of ch 4, pt 2, divs 2 and 2A 31
Chapter 4, part 2, divisions 2 and 2A-- 32
Page 30
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 24]
omit. 1
Clause 24 Insertion of new ch 4, pt 2, div 2 2
After section 78-- 3
insert-- 4
`Division 2 Other provisions relating to 5
impounded or immobilised motor 6
vehicles 7
`Subdivision 1 Preliminary 8
`79 Definitions for div 2 9
`In this division-- 10
eligible person, for a motor vehicle, means an owner or usual 11
driver of the motor vehicle. 12
information notice, for a decision of the commissioner under 13
this division, means a notice stating-- 14
(a) the decision; and 15
(b) the reasons for the decision; and 16
(c) that the person to whom the notice is given may appeal 17
against the decision within 28 days after the person 18
receives the notice; and 19
(d) how the person may appeal against the decision. 20
vehicle release notice, for a motor vehicle, means a notice 21
stating-- 22
(a) the decision of the commissioner made under this 23
division; and 24
(b) the time and date when the impoundment, or 25
immobilisation, of the vehicle ends; and 26
Page 31
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 24]
(c) any conditions to which the release of the motor vehicle 1
is subject. 2
`Subdivision 2 Application for release of 3
impounded or immobilised motor 4
vehicle 5
`79A Application for release of impounded or immobilised 6
motor vehicle on basis of severe hardship 7
`(1) An eligible person may apply to the commissioner for the 8
release of a motor vehicle impounded under division 1 or 1A, 9
or immobilised under division 1B, on the basis that the person 10
would suffer severe hardship if the motor vehicle was not 11
released. 12
`(2) The application must be-- 13
(a) made in the approved form; and 14
(b) supported by enough information to enable the 15
commissioner to decide the application. 16
Note-- 17
See section 79B(4) and (5) for particular information the applicant must 18
give to the commissioner. 19
`(3) An application may be made under this section regardless of 20
whether the motor vehicle may be liable to forfeiture. 21
`79B Decision on application for release of impounded or 22
immobilised motor vehicle on basis of severe hardship 23
`(1) The commissioner must consider an application for the 24
release of a motor vehicle under section 79A after receiving 25
all necessary information relevant to the application and 26
either-- 27
(a) grant the application; or 28
(b) refuse to grant the application. 29
Page 32
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 24]
`(2) The commissioner must, if reasonably practicable, decide the 1
application within 5 business days of receiving the application 2
and other documents required under this subdivision. 3
`(3) The commissioner may grant the application only if the 4
commissioner is satisfied a refusal to grant the application 5
would-- 6
(a) cause severe financial hardship to the applicant or the 7
applicant's family by depriving the applicant of the 8
applicant's means of earning a living; or 9
(b) cause severe physical hardship to the applicant or the 10
applicant's family. 11
`(4) For subsection (3)(a), the applicant must give the following to 12
the commissioner-- 13
(a) a statement made by the applicant outlining how a 14
refusal to grant the application would cause severe 15
financial hardship to the applicant or the applicant's 16
family; 17
(b) if the applicant is not self-employed--a statement made 18
by the applicant's employer confirming the applicant 19
would be deprived of the applicant's means of earning a 20
living if the application is refused. 21
`(5) For subsection (3)(b), the applicant must give the 22
commissioner a statement made by the applicant that-- 23
(a) outlines how a refusal to grant the application would 24
cause severe physical hardship to the applicant or the 25
applicant's family; and 26
(b) has attached to it statutory declarations from persons 27
other than the applicant, other documentary evidence, or 28
certified copies of documentary evidence, in support of 29
each matter stated in the statement. 30
`(6) If the commissioner decides to grant the application, the 31
commissioner must give the applicant a vehicle release notice 32
for the motor vehicle. 33
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Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
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Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 24]
`(7) If the commissioner decides to refuse to grant the application, 1
the commissioner must as soon as practicable give the 2
applicant an information notice for the decision. 3
`(8) The commissioner may grant the application with or without 4
conditions. 5
Examples of conditions-- 6
1 a condition that the owner of the motor vehicle does not allow the 7
person who committed, or is alleged to have committed, the offence 8
for which the motor vehicle was impounded to use the motor 9
vehicle 10
2 a condition that the owner of the motor vehicle who committed, or 11
is alleged to have committed, the offence for which the motor 12
vehicle was impounded, is to only use the motor vehicle for work 13
related purposes 14
`(9) A condition made by the commissioner under this section 15
expires on the earlier of the following-- 16
(a) if the driver is found not guilty of the prescribed offence 17
for which the motor vehicle was impounded or 18
immobilised or the proceeding for the offence is 19
discontinued--the day the driver is found not guilty or 20
the proceeding is discontinued; 21
(b) when the period of impoundment or immobilisation that 22
would have applied to the motor vehicle had it not been 23
released by way of a decision of the commissioner under 24
this section ends. 25
`(10) In this section-- 26
certified copy, of documentary evidence, means certified by a 27
justice of the peace or commissioner for declarations in 28
writing to be a true copy of the documentary evidence. 29
`79C Application for release of impounded or immobilised 30
motor vehicle on basis prescribed offence happened 31
without owner's consent 32
`(1) The owner of a motor vehicle impounded under division 1 or 33
1A, or immobilised under division 1B, may apply to the 34
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Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
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Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 24]
commissioner for the release of the motor vehicle on the basis 1
that the offence happened without the consent of the person. 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
`(3) An application may be made under this section regardless of 7
whether the motor vehicle may be liable to forfeiture. 8
`79D Decision on application for release of impounded or 9
immobilised motor vehicle on basis prescribed offence 10
happened without owner's consent 11
`(1) The commissioner must consider an application for the 12
release of a motor vehicle under section 79C after receiving 13
all necessary information relevant to the application and 14
either-- 15
(a) grant the application; or 16
(b) refuse to grant the application. 17
`(2) The commissioner must, if reasonably practicable, decide the 18
application within 5 business days of receiving the application 19
and other documents required under this subdivision. 20
`(3) The commissioner may grant the application only if the 21
commissioner is satisfied the relevant prescribed offence 22
happened without the consent of the owner. 23
`(4) If the commissioner decides to grant the application, the 24
commissioner must give the applicant a vehicle release notice 25
for the motor vehicle. 26
`(5) If the commissioner decides to refuse to grant the application, 27
the commissioner must as soon as practicable give the 28
applicant an information notice for the decision. 29
`(6) The commissioner may grant the application with or without 30
conditions. 31
Examples of conditions-- 32
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Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 24]
1 a condition that the owner of the motor vehicle does not allow the 1
person who committed, or is alleged to have committed, the offence 2
for which the motor vehicle was impounded to use the motor 3
vehicle 4
2 a condition that the owner of the motor vehicle who committed, or 5
is alleged to have committed, the offence for which the motor 6
vehicle was impounded, is to only use the motor vehicle for work 7
related purposes 8
`(7) A condition made by the commissioner under this section 9
expires on the earlier of the following-- 10
(a) if the driver is found not guilty of the prescribed offence 11
for which the motor vehicle was impounded or 12
immobilised or the proceeding for the offence is 13
discontinued--the day the driver is found not guilty or 14
the proceeding is discontinued; 15
(b) when the period of impoundment or immobilisation that 16
would have applied to the motor vehicle had it not been 17
released by way of a decision of the commissioner under 18
this section ends. 19
`(8) In this section-- 20
relevant prescribed offence means the prescribed offence 21
because of which the impoundment or immobilisation has 22
happened. 23
`79E Application for release of impounded or immobilised 24
motor vehicle on basis that circumstances giving rise to 25
offence have been rectified 26
`(1) This section applies if a motor vehicle is impounded under 27
division 1 or 1A, or immobilised under division 1B, because 28
of the commission of a relevant type 2 vehicle related offence. 29
`(2) An eligible person may apply to the commissioner for the 30
release of the motor vehicle on the basis that the 31
circumstances giving rise to the offence have been rectified. 32
`(3) The application must be-- 33
(a) made in the approved form; and 34
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Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 24]
(b) supported by enough information to enable the 1
commissioner to decide the application. 2
Examples for paragraph (b)-- 3
a receipt issued by the department within which the Road Use 4
Management Act is administered indicating the payment of 5
vehicle registration fees for an impounded motor vehicle or a 6
copy of a license issued by that department 7
`(4) In this section-- 8
relevant type 2 vehicle related offence means-- 9
(a) an offence against the Road Use Management Act 10
involving the use on a road of a vehicle that is not 11
registered as required under that Act; or 12
(b) an offence against the Road Use Management Act, 13
section 78(1). 14
`79F Decision on application for release of impounded or 15
immobilised motor vehicle on basis that circumstances 16
giving rise to offence have been rectified 17
`(1) The commissioner must consider an application for the 18
release of a motor vehicle under section 79E after receiving 19
all necessary information relevant to the application and 20
either-- 21
(a) grant the application; or 22
(b) refuse to grant the application. 23
`(2) The commissioner must, if reasonably practicable, decide the 24
application within 5 business days of receiving the application 25
and other documents required under this subdivision. 26
`(3) The commissioner may grant the application if the 27
commissioner is satisfied the circumstances giving rise to the 28
offence have been rectified. 29
`(4) If the commissioner decides to grant the application, the 30
commissioner must give the applicant a vehicle release notice 31
for the motor vehicle. 32
Page 37
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 24]
`(5) If the commissioner decides to refuse to grant the application, 1
the commissioner must as soon as practicable give the 2
applicant an information notice for the decision. 3
`(6) The commissioner may grant the application with or without 4
conditions. 5
Examples of conditions-- 6
1 a condition that the owner of the motor vehicle does not allow the 7
person who committed, or is alleged to have committed, the offence 8
for which the motor vehicle was impounded to use the motor 9
vehicle 10
2 a condition that the owner of the motor vehicle who committed, or 11
is alleged to have committed, the offence for which the motor 12
vehicle was impounded, is to only use the motor vehicle for work 13
related purposes 14
`(7) A condition made by the commissioner under this section 15
expires on the earlier of the following-- 16
(a) if the driver is found not guilty of the prescribed offence 17
for which the motor vehicle was impounded or 18
immobilised or the proceeding for the offence is 19
discontinued--the day the driver is found not guilty or 20
the proceeding is discontinued; 21
(b) when the period of impoundment or immobilisation that 22
would have applied to the motor vehicle had it not been 23
released by way of a decision of the commissioner under 24
this section ends. 25
`79G Application for release of impounded or immobilised 26
motor vehicle on basis that grounds for impoundment or 27
immobilisation unreasonable 28
`(1) An eligible person may apply to the commissioner for the 29
release of a motor vehicle impounded under division 1 or 1A, 30
or immobilised under division 1B, on the basis that there were 31
not reasonable grounds to impound or immobilise the motor 32
vehicle. 33
`(2) The application must be-- 34
(a) made in the approved form; and 35
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Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 24]
(b) supported by enough information to enable the 1
commissioner to decide the application. 2
`79H Decision on application for release of impounded or 3
immobilised motor vehicle on basis that grounds for 4
impoundment or immobilisation unreasonable 5
`(1) The commissioner must consider an application for the 6
release of a motor vehicle under section 79G after receiving 7
all necessary information relevant to the application and 8
either-- 9
(a) grant the application; or 10
(b) refuse to grant the application. 11
`(2) The commissioner must, if reasonably practicable, decide the 12
application within 5 business days of receiving the application 13
and other documents required under this subdivision. 14
`(3) The commissioner may grant the application if the 15
commissioner is not satisfied that there were reasonable 16
grounds to impound or immobilise the motor vehicle. 17
`(4) If the commissioner decides to grant the application, the 18
commissioner must give the applicant a vehicle release notice 19
for the motor vehicle. 20
`(5) If the commissioner decides to refuse to grant the application, 21
the commissioner must as soon as practicable give the 22
applicant an information notice for the decision. 23
`(6) The commissioner may grant the application with or without 24
conditions. 25
Examples of conditions-- 26
1 a condition that the owner of the motor vehicle does not allow the 27
person who committed, or is alleged to have committed, the offence 28
for which the motor vehicle was impounded to use the motor 29
vehicle 30
2 a condition that the owner of the motor vehicle who committed, or 31
is alleged to have committed, the offence for which the motor 32
vehicle was impounded, is to only use the motor vehicle for work 33
related purposes 34
Page 39
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 24]
`(7) A condition made by the commissioner under this section 1
expires on the earlier of the following-- 2
(a) if the driver is found not guilty of the prescribed offence 3
for which the motor vehicle was impounded or 4
immobilised or the proceeding for the offence is 5
discontinued--the day the driver is found not guilty or 6
the proceeding is discontinued; 7
(b) when the period of impoundment or immobilisation that 8
would have applied to the motor vehicle had it not been 9
released by way of a decision of the commissioner under 10
this section ends. 11
`79I Impoundment or immobilisation ends if application for 12
release of motor vehicle granted 13
`(1) If the commissioner grants an application for the release of a 14
motor vehicle under this division, the impoundment of the 15
motor vehicle under division 1 or 1A, or the immobilisation of 16
the motor vehicle under division 1B, ends. 17
`(2) This section applies subject to section 79P. 18
`Subdivision 3 Appeals 19
`79J Who may appeal 20
`(1) A person who is aggrieved by a decision of the commissioner 21
under section 79B, 79D, 79F or 79H may appeal against the 22
decision. 23
`(2) In this section-- 24
decision includes a condition made by the commissioner 25
under section 79B, 79D, 79F or 79H in relation to granting an 26
application for the release of a motor vehicle. 27
Page 40
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 24]
`79K How to start appeal 1
`(1) The appeal is started by filing a notice of appeal with the clerk 2
of a Magistrates Court. 3
`(2) The appellant must serve a copy of the notice on-- 4
(a) the other persons entitled to appeal against the decision; 5
and 6
(b) the commissioner. 7
`(3) Despite subsection (2), the clerk of the court may ask the 8
commissioner to serve a copy of the notice on a person 9
mentioned in subsection (2)(a) whom the appellant is unable 10
to serve. 11
`(4) The notice of appeal must be filed within 28 days after the 12
person is given an information notice for the decision. 13
`(5) The court may at any time extend the period for filing the
notice of appeal. 15
14
`(6) The notice of appeal must state fully the grounds of the appeal 16
and the facts relied on. 17
`79L Effect of appeal on decision 18
`(1) The start of an appeal against a decision of the commissioner 19
does not affect the operation of the decision or prevent the 20
taking of action to implement the decision. 21
`(2) However, the court may make an order staying the operation 22
of the decision being appealed against until the appeal is 23
finally decided. 24
`(3) The court may act under subsection (2) on the application of 25
the appellant or on its own initiative. 26
`79M Commissioner has right of appearance 27
`The commissioner has a right to appear and be heard before 28
the court on an appeal under this subdivision. 29
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Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
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Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 24]
`79N Hearing procedures 1
`(1) An appeal must be decided on the evidence before the 2
commissioner. 3
`(2) However, the court may order that the appeal be heard afresh, 4
in whole or part. 5
`79O Powers of Magistrates Court 6
`In deciding an appeal, the court may-- 7
(a) confirm the decision appealed against; or 8
(b) set aside the decision and substitute another decision 9
that it considers appropriate. 10
`Subdivision 4 Miscellaneous 11
`79P Power to take certain action if breach of condition 12
`(1) This section applies if-- 13
(a) the commissioner grants an application under this 14
division for the release of an impounded or immobilised 15
motor vehicle with a condition; and 16
(b) the condition is breached. 17
`(2) A police officer may impound or immobilise the motor 18
vehicle for the remainder of the period for which the vehicle 19
would have been impounded or immobilised. 20
`(3) For impounding or immobilising a motor vehicle under this 21
section, a police officer may exercise any of the powers under 22
section 75 if the police officer reasonably considers the 23
exercise of the power may be effective for the purpose. 24
`79Q Delegation--commissioner 25
`The commissioner may delegate any of the commissioner's 26
powers under this division including, for example, 27
Page 42
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 25]
considering an application for the release of an impounded or 1
immobilised vehicle under subdivision 2 and making a 2
decision about the application, to a police officer of at least 3
the rank of inspector.'. 4
Clause 25 Insertion of new ch 4, pt 2A 5
After section 79Q-- 6
insert-- 7
`Part 2A Impounding motorbikes for 8
motorbike noise direction 9
offences or motorbike noise 10
order offences 11
`Division 1 Impounding powers for motorbike 12
noise direction offences or 13
motorbike noise order offences 14
`80 Impounding motorbike for motorbike noise direction 15
offence or motorbike noise order offence 16
`(1) A police officer may impound a motorbike if-- 17
(a) the driver of the motorbike is charged with having 18
committed-- 19
(i) a motorbike noise direction offence; or 20
(ii) a motorbike noise order offence; or 21
(b) the driver of the motorbike is a child and the police 22
officer reasonably suspects the child has committed-- 23
(i) a motorbike noise direction offence; or 24
(ii) a motorbike noise order offence. 25
Note-- 26
For when a person is charged with an offence, see section 71. 27
Page 43
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 25]
`(2) A motorbike impounded under subsection (1) may be 1
impounded for the initial impoundment period. 2
`81 Impounding notice for motorbike noise direction offence 3
or motorbike noise order offence 4
`(1) This section applies if a motorbike is impounded for a 5
motorbike noise direction offence or a motorbike noise order 6
offence. 7
`(2) As soon as reasonably practicable, a police officer must give 8
written notice in the approved form (impounding notice) of 9
the impounding to-- 10
(a) the driver of the motorbike; and 11
(b) if the driver is not the owner or not the only owner of the 12
motorbike--the owner or each other owner of the 13
motorbike. 14
`(3) If the driver is a child, the impounding notice must also be 15
given to the child's parent or guardian if it is reasonably 16
practicable to do so, unless the parent or guardian is given 17
notice under subsection (2). 18
`(4) If the motorbike is impounded for a motorbike noise direction 19
offence, the impounding notice must include the information 20
required under section 82. 21
`(5) If the motorbike is impounded for a motorbike noise order 22
offence, the impounding notice must include the information 23
required under section 83 or 84. 24
`(6) When giving an impounding notice under this section to a 25
child or the child's parent or guardian, the police officer 26
giving the impounding notice must also give the person an 27
explanation of the matters stated in the notice. 28
`(7) The police officer may give the explanation by giving the 29
person a statement, in the approved form, containing the 30
explanation if it is appropriate in the circumstances to do so. 31
`(8) An impounding notice given to a driver under subsection 32
(2)(a) must be given personally to the driver. 33
Page 44
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 26]
`(9) Also, if the name of the owner of the motorbike is not known, 1
an impounding notice required to be given to the owner under 2
subsection (2)(b) may be given by making the information 3
required to be included on the impounding notice, other than 4
the owner's name and address, available on the police service 5
internet website.'. 6
Clause 26 Replacement of ch 4, pt 2A, div 3, hdg (Notice 7
requirements for motorbikes impounded for motorbike 8
noise direction offences) 9
Chapter 4, part 2A, division 3, heading-- 10
omit, insert-- 11
`Division 2 Notice requirements for motorbikes 12
impounded for motorbike noise 13
direction offences or motorbike 14
noise order offences'. 15
Clause 27 Omission of ch 4, pt 2A, div 4, hdg (Notice requirements 16
for motorbikes impounded for motorbike noise order 17
offences) 18
Chapter 4, part 2A, division 4, heading-- 19
omit. 20
Clause 28 Amendment of ch 4, pt 3, hdg (Obtaining impounding 21
orders) 22
Chapter 4, part 3, heading, `orders'-- 23
omit, insert-- 24
`orders for motorbike noise order offences'. 25
Clause 29 Omission of ch 4, pt 3, div 1, hdg (Impounding order 26
application provisions) 27
Chapter 4, part 3, division 1, heading-- 28
Page 45
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 30]
omit. 1
Clause 30 Omission of ss 85 and 85A 2
Sections 85 and 85A-- 3
omit. 4
Clause 31 Omission of ch 4, pt 3, div 2, hdg (Orders if offence not 5
decided) 6
Chapter 4, part 3, division 2, heading-- 7
omit. 8
Clause 32 Omission of ss 87 and 87A 9
Sections 87 and 87A-- 10
omit. 11
Clause 33 Omission of ch 4, pt 3, div 3, hdg (Advice of date of 12
hearing) 13
Chapter 4, part 3, division 3, heading-- 14
omit. 15
Clause 34 Amendment of s 89 (Advice to owner of date of hearing) 16
(1) Section 89, heading, after `owner'-- 17
insert-- 18
`of motorbike'. 19
(2) Section 89(1), `motor vehicle'-- 20
omit, insert-- 21
`motorbike'. 22
Page 46
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 35]
Clause 35 Amendment of ch 4, pt 4, hdg (Obtaining forfeiture 1
orders) 2
Chapter 4, part 4, heading, `orders'-- 3
omit, insert-- 4
`orders for motorbike noise order offences'. 5
Clause 36 Omission of ch 4, pt 4, div 1, hdg (Forfeiture order 6
application provisions) 7
Chapter 4, part 4, division 1, heading-- 8
omit. 9
Clause 37 Omission of ss 90 and 90A 10
Sections 90 and 90A-- 11
omit. 12
Clause 38 Omission of ch 4, pt 4, div 2, hdg (Orders if offence not 13
decided) 14
Chapter 4, part 4, division 2, heading-- 15
omit. 16
Clause 39 Omission of ss 92 and 92A 17
Sections 92 and 92A-- 18
omit. 19
Clause 40 Omission of ch 4, pt 4, div 3, hdg (Advice of date of 20
hearing) 21
Chapter 4, part 4, division 3, heading-- 22
omit. 23
Page 47
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 41]
Clause 41 Amendment of s 94 (Advice to owner of date of hearing) 1
(1) Section 94, heading, after `owner'-- 2
insert-- 3
`of motorbike'. 4
(2) Section 94(1), `motor vehicle'-- 5
omit, insert-- 6
`motorbike'. 7
Clause 42 Amendment of s 95 (Where application is to be decided) 8
Section 95, after `forfeiture order'-- 9
insert-- 10
`for a motorbike noise order offence'. 11
Clause 43 Omission of ss 96 and 96A 12
Sections 96 and 96A-- 13
omit. 14
Clause 44 Omission of ch 4, pt 5, divs 2 and 2A 15
Chapter 4, part 5, divisions 2 and 2A-- 16
omit. 17
Clause 45 Renumbering of ch 4, pt 5, div 3, hdg (Consideration of 18
application if made for motorbike noise order offence) 19
Chapter 4, part 5, division 3, heading-- 20
renumber as chapter 4, part 5, division 2. 21
Clause 46 Replacement of ch 4, pt 5, div 4, hdg (Other provisions 22
about applications and orders) 23
Chapter 4, part 5, division 4, heading-- 24
Page 48
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 47]
omit, insert-- 1
`Division 3 Community service orders in 2
relation to motorbike noise 3
direction offences or motorbike 4
noise order offences'. 5
Clause 47 Omission of ch 4, pt 5, div 3, sdiv 1, hdg (Community 6
service orders) 7
Chapter 4, part 5, division 3, as renumbered, subdivision 1, 8
heading-- 9
omit. 10
Clause 48 Amendment of s 102 (Community service instead of 11
impounding or forfeiture order) 12
Section 102(1)(a) and (2), `motor vehicle'-- 13
omit, insert-- 14
`motorbike'. 15
Clause 49 Insertion of new ch 4, pt 5A, hdg 16
After section 102-- 17
insert-- 18
`Part 5A Other provisions about 19
applications and orders'. 20
Clause 50 Replacement of ch 4, pt 5A, sdiv 2, hdg (Costs orders for 21
child drivers) 22
Chapter 4, part 5A, subdivision 2, heading-- 23
omit, insert-- 24
`Division 1 Costs orders for child drivers'. 25
Page 49
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 51]
Clause 51 Amendment of s 103 (Costs order for child drivers) 1
(1) Section 103(1)-- 2
omit, insert-- 3
`(1) This section applies if-- 4
(a) all of the following apply-- 5
(i) a court finds a person guilty of a prescribed 6
offence; 7
(ii) the person was a child when he or she committed 8
the offence; 9
(iii) the motor vehicle to which the offence relates is 10
impounded or immobilised; or 11
(b) a relevant court makes an impounding order or a 12
forfeiture order for a motorbike noise order offence and 13
the driver of the motorbike was a child when he or she 14
committed the last offence in relation to which the order 15
is made.'. 16
(2) Section 103(2), `relevant court'-- 17
omit, insert-- 18
`court'. 19
(3) Section 103(2), `removing and keeping'-- 20
omit, insert-- 21
`removing or keeping'. 22
(4) Section 103(3), `relevant court'-- 23
omit, insert-- 24
`court'. 25
(5) Section 103(4), `relevant court'-- 26
omit, insert-- 27
`court'. 28
(6) Section 103(4), `removing and keeping'-- 29
omit, insert-- 30
Page 50
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 52]
`removing or keeping'. 1
Clause 52 Amendment of s 104 (Application of applied sections for 2
s 103) 3
(1) Section 104(2)(b)(i) and (ii)-- 4
omit, insert-- 5
`(i) to compensation were a reference to the costs of 6
removing or keeping a motor vehicle impounded 7
or immobilised under this chapter; and 8
(ii) to the prosecution were a reference to-- 9
(A) the applicant for the impounding order or 10
forfeiture order; or 11
(B) otherwise--the prosecution for the 12
prescribed offence.'. 13
(2) Section 104(3)(a)(i) and (ii)-- 14
omit, insert-- 15
`(i) to compensation were a reference to the costs of 16
removing or keeping a motor vehicle impounded 17
or immobilised under this chapter; and 18
(ii) to the prosecution were a reference to-- 19
(A) the applicant for the impounding order or 20
forfeiture order; or 21
(B) otherwise--the prosecution for the 22
prescribed offence; and'. 23
(3) Section 104(3)(b) from `removing' to `impounded'-- 24
omit, insert-- 25
`removing or keeping a motor vehicle impounded or 26
immobilised'. 27
(4) Section 104(3)(d) from `removing' to `impounded'-- 28
omit, insert-- 29
Page 51
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 53]
`removing or keeping a motor vehicle impounded or 1
immobilised'. 2
Clause 53 Amendment of ch 4, pt 5A, sdiv 3, hdg (Offences) 3
Chapter 4, part 5A, subdivision 3, heading-- 4
omit, insert-- 5
`Division 2 Offences'. 6
Clause 54 Insertion of new ss 105A to 105F 7
After section 105-- 8
insert-- 9
`105A Failure to comply with requirement to produce motor 10
vehicle 11
`A person must comply with a requirement under section 12
74K, unless the person has a reasonable excuse. 13
Maximum penalty--40 penalty units. 14
`105B Offence to operate vehicle during number plate 15
confiscation period 16
`A person must not operate a motor vehicle during a number 17
plate confiscation period applying to the vehicle without 18
reasonable excuse or unless the motor vehicle is moved under 19
section 74I. 20
Maximum penalty--40 penalty units. 21
`105C Offence to remove, tamper with or modify number plate 22
confiscation notice 23
`A person must not, without reasonable excuse, remove, 24
tamper with, or modify a number plate confiscation notice that 25
has been attached to a motor vehicle under section 74H. 26
Maximum penalty--40 penalty units. 27
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Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 55]
`105D Offence to tamper with, remove or modify immobilising 1
device 2
`A person must not, without reasonable excuse, tamper with, 3
remove or modify an immobilising device attached to a motor 4
vehicle. 5
Maximum penalty--40 penalty units. 6
`105E Offence to operate motor vehicle if immobilising device 7
unlawfully removed, tampered with or modified 8
`A person must not, without reasonable excuse, operate a 9
motor vehicle if an immobilising device attached to the motor 10
vehicle has been unlawfully removed, tampered with or 11
modified. 12
Maximum penalty--40 penalty units. 13
`105F Offence to breach condition made on release of motor 14
vehicle 15
`A person must not contravene a condition made on the 16
release of a motor vehicle by the commissioner under part 2, 17
division 2 unless the person has a reasonable excuse. 18
Maximum penalty--40 penalty units.'. 19
Clause 55 Amendment of s 106 (Offence to modify, sell or dispose 20
of motor vehicle before application decided) 21
Section 106, `motor vehicle'-- 22
omit, insert-- 23
`motorbike'. 24
Clause 56 Insertion of new s 106A 25
After section 106-- 26
insert-- 27
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Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
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Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 57]
`106A Offence to modify, sell or dispose of motor vehicle 1
subject to vehicle production notice 2
`(1) This section applies if a motor vehicle is the subject of an 3
vehicle production notice given under section 74K. 4
`(2) The owner of the motor vehicle must not, without reasonable 5
excuse, modify or sell or otherwise dispose of the motor 6
vehicle while the motor vehicle is the subject of the vehicle 7
production notice. 8
Maximum penalty for subsection (2)--40 penalty units.'. 9
Clause 57 Replacement of s 107 (Defence) 10
Section 107-- 11
omit, insert-- 12
`107 Defence in relation to motorbike noise order offences 13
`In a proceeding for an impounding order or a forfeiture order 14
in relation to a motorbike, it is a defence for an owner of the 15
motorbike to prove that a motorbike noise order offence 16
happened without the knowledge and consent of the owner. 17
Example-- 18
A parent lends a motorbike to his or her child to visit friends and the 19
child commits a motorbike noise order offence on the motorbike. If the 20
Magistrates Court is satisfied, on evidence tendered or submissions 21
made by the parent, that the child committed the offence without the 22
knowledge and consent of the parent, the Magistrates Court may order 23
the motorbike's return to the parent.'. 24
Clause 58 Amendment of s 108 (Counting the occasions--general) 25
(1) Section 108(1), from `81' to `99B'-- 26
omit, insert-- 27
`74A, 74B, 74C, 74D, 74E, 74F'. 28
(2) Section 108(1), note-- 29
omit. 30
Page 54
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 59]
Clause 59 Amendment of s 108A (References to previous occasions 1
in ss 81, 81B, 84, 85, 85A, 90, 90A and 91) 2
(1) Section 108A, heading, `81' to `90A'-- 3
omit, insert-- 4
`74A, 74B, 74C, 74D, 74E, 74F'. 5
(2) Section 108A,`81' to `90A'-- 6
omit, insert-- 7
`74A, 74B, 74C, 74D, 74E, 74F'. 8
(3) Section 108A, note-- 9
omit. 10
Clause 60 Amendment of s 108B (Matters for decisions under ss 85, 11
85A, 87, 87A, 90-93 and 96-99B and 101) 12
(1) Section 108B, heading, `85' to `99B'-- 13
omit, insert-- 14
`74A, 74B, 74C, 74D, 74E, 74F'. 15
(2) Section 108B(1), `85' to `99B'-- 16
omit, insert-- 17
`74A, 74B, 74C, 74D, 74E, 74F'. 18
(3) Section 108B(1), example, `subsection (1)'-- 19
omit, insert-- 20
`this subsection'. 21
(4) Section 108B(1), note-- 22
omit. 23
(5) Section 108B(2), `98, 99,'-- 24
omit. 25
Clause 61 Amendment of s 110 (Powers for enforcing court order) 26
Section 110(1) and (2), `motor vehicle'-- 27
Page 55
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 62]
omit, insert-- 1
`motorbike'. 2
Clause 62 Amendment of ch 4, pt 6, div 1, hdg (Liability for cost of 3
impounding) 4
Chapter 4, part 6, division 1, heading, after `impounding'-- 5
insert-- 6
`or immobilisation'. 7
Clause 63 Amendment of s 111 (State's liability to pay costs of 8
impounding) 9
(1) Section 111, heading, after `impounding'-- 10
insert-- 11
`or immobilisation'. 12
(2) Section 111(1), from `under' to `period'-- 13
omit, insert-- 14
`or immobilised under this chapter and keeping it for the 15
period for which it is impounded or immobilised'. 16
(3) Section 111(2), after `impounded'-- 17
insert-- 18
`or immobilised'. 19
Clause 64 Amendment of s 112 (Liability to pay costs of 20
impounding--adult driver) 21
(1) Section 112, heading, after `impounding'-- 22
insert-- 23
`or immobilisation'. 24
(2) Section 112(1), after `impounded'-- 25
insert-- 26
Page 56
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
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Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 65]
`or immobilised'. 1
(3) Section 112(2), `removing and keeping'-- 2
omit, insert-- 3
`removing or keeping'. 4
Clause 65 Replacement of s 113 (Liability to pay costs of 5
impounding--child driver) 6
Section 113-- 7
omit, insert-- 8
`113 Liability to pay costs of impounding or 9
immobilisation--child driver 10
`(1) This section applies in relation to a motor vehicle impounded 11
or immobilised because of a prescribed offence or a 12
motorbike noise direction offence if the driver of the motor 13
vehicle was a child when he or she committed the offence for 14
which it was impounded or immobilised. 15
`(2) If the child is found guilty by a court of a prescribed offence 16
or motorbike noise direction offence in relation to the motor 17
vehicle-- 18
(a) the child is liable to pay the costs of removing or 19
keeping the motor vehicle if the court orders under 20
section 103 that the child pay the costs; or 21
(b) if the court orders, under that section, the child's parent 22
to pay the costs of removing or keeping the motor 23
vehicle under applied section 259, the child's parent is 24
liable to pay the costs of removing or keeping the motor 25
vehicle. 26
`(3) If the court orders the child to pay the costs of removing or 27
keeping the motor vehicle, any costs paid by the State under 28
section 111(2) become a debt payable to the State by the 29
child. 30
`(4) If the court orders the child's parent or guardian to pay the 31
costs of removing or keeping the motor vehicle, any costs paid 32
Page 57
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 66]
by the State under section 111(2) become a debt payable to 1
the State by the child's parent or guardian.'. 2
Clause 66 Amendment of ch 4, pt 6, div 2, hdg (Release of 3
impounded vehicle) 4
Chapter 4, part 6, division 2, heading, after `impounded'-- 5
insert-- 6
`or immobilised'. 7
Clause 67 Amendment of s 116 (Release of motor vehicle 8
impounded under s 74) 9
(1) Section 116, heading, `under s 74'-- 10
omit, insert-- 11
`or immobilised under this chapter'. 12
(2) Section 116(1)-- 13
omit, insert-- 14
`(1) This section applies if-- 15
(a) an impounding notice or immobilising notice under 16
section 78 was given to a person; or 17
(b) an impounding notice under section 81 was given to a 18
person.'. 19
(3) Section 116-- 20
insert-- 21
`(2A) Also, if the owner of the motor vehicle is liable to pay the 22
costs of removing the motor vehicle to, and keeping it at, a 23
place at which it is kept, the owner is entitled, when the period 24
for which the motor vehicle is immobilised ends, and on 25
payment of the costs, to recover the motor vehicle from the 26
place.'. 27
(4) Section 116(3)-- 28
omit, insert-- 29
Page 58
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 68]
`(3) If, under section 111(2), the State is liable to pay the costs of 1
removing the motor vehicle to, and keeping it at, the holding 2
yard or place at which it is kept, the owner is entitled, when 3
the impoundment period for which the motor vehicle is 4
impounded ends, or the period for which the motor vehicle is 5
immobilised ends, to recover the motor vehicle from the 6
holding yard or place, whether or not the State has paid the 7
costs.'. 8
(5) Section 116(4), after `subsection (2)'-- 9
insert-- 10
`or (2A)'. 11
Clause 68 Amendment of s 117 (Release of motor vehicle if driver 12
found not guilty etc.) 13
Section 117-- 14
insert-- 15
`(2) However, a motor vehicle may not be released under 16
subsection (1) if the driver has been charged with having 17
committed another prescribed offence for which the motor 18
vehicle may be impounded or immobilised. 19
`(3) If subsection (2) applies to the motor vehicle, the motor 20
vehicle may be impounded or immobilised for the prescribed 21
impoundment period that would have applied if the offence 22
mentioned in subsection (1) had not happened. 23
Examples of operation of subsections (2) and (3)-- 24
1 A driver is charged with having committed a type 1 vehicle related 25
offence (the first offence) while driving motor vehicle A. Motor 26
vehicle A is impounded for a prescribed impoundment period of 90 27
days under section 74. A week later, the driver is charged with 28
having committed another type 1 vehicle related offence while 29
driving motor vehicle B. Motor vehicle B is impounded under 30
section 74A. On the next day, the charge for the first offence is 31
withdrawn. Motor vehicle A must be released under this section. 32
However, motor vehicle B may be impounded until the prescribed 33
impoundment period of 90 days ends as if it had been impounded 34
under section 74. 35
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Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
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Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 69]
2 A driver is charged with having committed a second type 2 vehicle 1
related offence while driving motor vehicle A (the second offence). 2
Motor vehicle A is impounded for a prescribed impoundment 3
period of 7 days under section 74C. Motor vehicle A is then 4
returned to the driver. A week later the driver is charged during the 5
relevant period with having committed a third type 2 vehicle related 6
offence while driving motor vehicle A. The charge for second 7
offence has not been decided at that time. Motor vehicle A is 8
impounded for a prescribed impoundment period of 90 days under 9
section 79D. Thirty days after motor vehicle A is impounded, the 10
charge for the second offence is withdrawn. Motor vehicle A must 11
be released under this section as the prescribed impoundment 12
period of 7 days under section 74C would have already ended. 13
`(4) A reference in subsection (1) to a proceeding being 14
discontinued includes, for a prescribed offence that is a 15
vehicle related offence for which an infringement notice has 16
been served under section 71, the withdrawal of the 17
infringement notice under the State Penalties Enforcement Act 18
1999.'. 19
Clause 69 Amendment of ch 4, pt 6, div 3, hdg (Sale, transfer or 20
disposal of impounded or forfeited motor vehicle) 21
Chapter 4, part 6, division 3, heading, after `impounded'-- 22
insert-- 23
`, immobilised'. 24
Clause 70 Insertion of new s 118A 25
After section 118-- 26
insert-- 27
`118A Sale of impounded motor vehicle if driver fails to appear 28
`(1) This section applies in relation to a motor vehicle impounded 29
under section 74A if-- 30
(a) the motor vehicle is impounded until the end of 31
proceedings under section 74A(2); and 32
(b) a court orders that a warrant issue for the arrest of the 33
driver of the motor vehicle to be brought before the 34
Page 60
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 70]
court to be dealt with according to law because the 1
driver fails to appear before the court in relation to the 2
charge for the second or subsequent type 1 vehicle 3
related offence mentioned in section 74A(1). 4
`(2) This section also applies in relation to a motor vehicle 5
impounded under section 74E if-- 6
(a) the motor vehicle is impounded until the end of 7
proceedings under section 74E(2); and 8
(b) a court orders that a warrant issue for the arrest of the 9
driver of the motor vehicle to be brought before the 10
court to be dealt with according to law because the 11
driver fails to appear before the court in relation to the 12
charge for the fourth or subsequent type 2 vehicle 13
related offence mentioned in section 74E(1). 14
`(3) On the warrant being issued the motor vehicle is taken to have 15
been forfeited to the State. 16
`(4) The commissioner may sell the motor vehicle and anything in 17
or on it by public auction or dispose of it in the way the 18
commissioner considers appropriate. 19
`(5) Notice of the proposed sale or disposal must be given by 20
advertisement in a newspaper circulating in the locality where 21
the vehicle was impounded but may, if the owner is not 22
known, be given by using the police service internet website. 23
`(6) Also, the commissioner must give written notice of the 24
proposed sale or disposal of the motor vehicle to the owner, if 25
the owner is known. 26
`(7) However, if the name of the owner of the motor vehicle is not 27
known or the owner can not be located, the notice mentioned 28
in subsection (6) may be given by making the information 29
about the proposed sale of the motor vehicle, but not the 30
owner's name and address, available on the police service 31
internet website. 32
`(8) If notice as required under subsection (6) is given as 33
mentioned in subsection (7), the owner is taken, for this 34
section, to have been given notice of the proposed sale of the 35
motor vehicle.'. 36
Page 61
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 71]
Clause 71 Amendment of s 119 (Voluntary transfer of ownership of 1
motor vehicle to State) 2
(1) Section 119, heading, `motor vehicle'-- 3
omit, insert-- 4
`motorbike'. 5
(2) Section 119(1), note, `motor vehicle'-- 6
omit, insert-- 7
`motorbike'. 8
(3) Section 119(1), note, `vehicle', second mention-- 9
omit, insert-- 10
`motorbike'. 11
(4) Section 119(2) and (4), `motor vehicle'-- 12
omit, insert-- 13
`motorbike'. 14
Clause 72 Amendment of s 121 (Application of proceeds of sale) 15
(1) Section 121(1), after `118'-- 16
insert-- 17
`, 118A'. 18
(2) Section 121(2)(b), after `impounding'-- 19
insert-- 20
`or immobilisation'. 21
(3) Section 121(2)-- 22
insert-- 23
`(da) if the motor vehicle is sold under section 118A-- 24
(i) if the owner was not the subject of a warrant 25
mentioned in section 118A(1)(b) or (2)(b)--in 26
payment of any balance to the owner; or 27
(ii) otherwise--in payment to the consolidated fund;'. 28
Page 62
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 73]
Clause 73 Insertion of new s 121A 1
After section 121-- 2
insert-- 3
`121A Compensation for disposal of motor vehicle if driver 4
found not guilty etc. 5
`(1) This section applies if-- 6
(a) a driver is found not guilty of a prescribed offence or the 7
proceeding for the offence is discontinued; and 8
(b) the commissioner has before the happening of the event 9
mentioned in paragraph (a) received the motor vehicle 10
to which the offence relates under this chapter; and 11
(c) the commissioner has-- 12
(i) sold the motor vehicle; or 13
(ii) otherwise disposed of the vehicle. 14
`(2) Compensation is payable by the State to the person whose 15
motor vehicle is sold or otherwise disposed of. 16
`(3) The Minister is to decide the amount of the compensation. 17
`(4) A person who is dissatisfied with the Minister's decision 18
under subsection (3) may apply to a court, within 28 days, for 19
compensation under this section. 20
`(5) If the person applies under subsection (4), the court may 21
decide the amount of the compensation.'. 22
Clause 74 Amendment of s 122 (Protection from liability) 23
(1) Section 122(1)-- 24
omit, insert-- 25
`(1) A police officer acting in good faith and without negligence is 26
not liable for any damage, loss or depreciation to a motor 27
vehicle, including the motor vehicle's number plates, during 28
the impounding or immobilisation of the motor vehicle.'. 29
(2) Section 122(3), after `vehicle', last mention-- 30
Page 63
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 75]
insert-- 1
`or immobilised at a place'. 2
Clause 75 Amendment of s 123 (Third party protection from 3
forfeiture order) 4
(1) Section 123, heading, `from forfeiture order'-- 5
omit, insert-- 6
`relating to forfeiture'. 7
(2) Section 123(1)-- 8
omit, insert-- 9
`(1) This section applies in relation to-- 10
(a) a person, other than the defendant, who has an interest 11
in a motor vehicle forfeited to the State under part 2, 12
division 1 or 1A; or 13
(b) a person, other than the defendant, who did not appear at 14
the hearing of an application for a forfeiture order and 15
has an interest in the motor vehicle forfeited to the State 16
under the order. 17
`(1A) The person may apply to the determining court for an order 18
under subsection (6).'. 19
(3) Section 123(2), `Subsection (1)'-- 20
omit, insert-- 21
`Subsection (1A)'. 22
(4) Section 123(3)-- 23
omit, insert-- 24
`(3) Unless the determining court gives leave, the application must 25
be made-- 26
(a) for forfeiture under part 2, division 1 or 1A--before the 27
end of the period of 6 months starting on the day the 28
motor vehicle became the property of the State; or 29
Page 64
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 76]
(b) for a forfeiture order--before the end of the period of 6 1
months starting on the day the forfeiture order was 2
made.'. 3
(5) Section 123(9)-- 4
omit, insert-- 5
`(9) In this section-- 6
defendant means the person found guilty of the prescribed 7
offence because of which the forfeiture under part 2, division 8
1 or 1A happened or the forfeiture order was made. 9
determining court means-- 10
(a) for forfeiture under part 2, division 1 or 1A--the 11
Magistrates Court for the Magistrates Court district, or 12
division of the district, in which the motor vehicle was 13
impounded for the prescribed offence; or 14
(b) for a forfeiture order--the relevant court to which the 15
application for the order was made. 16
relevant prescribed offence means the prescribed offence 17
because of which the forfeiture under part 2, division 1 or 1A 18
happened or the forfeiture order was made.'. 19
Clause 76 Replacement of s 752 (Interaction between ch 4 and this 20
chapter) 21
Section 752-- 22
omit, insert-- 23
`752 Interaction between ch 4 and this chapter 24
`(1) This section applies if the driver of a motor vehicle commits 25
an evasion offence. 26
`(2) An application for an impounding order or a forfeiture order 27
may be made under this chapter whether or not the motor 28
vehicle may be impounded or immobilised under chapter 4. 29
`(3) A motor vehicle may be impounded or immobilised under 30
chapter 4 whether or not an application for an impounding 31
order or a forfeiture order may be made under this chapter.'. 32
Page 65
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 77]
Clause 77 Amendment of s 809 (Regulation-making power) 1
Section 809(2)-- 2
insert-- 3
`(c) notice requirements for impounding or immobilising 4
motor vehicles under chapter 4.'. 5
Clause 78 Insertion of new ch 24, pt 13 6
Chapter 24-- 7
insert-- 8
`Part 13 Transitional provisions for 9
Police Powers and 10
Responsibilities (Motor Vehicle 11
Impoundment) and Other 12
Legislation Amendment Act 13
2012 14
`870 Definitions for pt 13 15
`In this part-- 16
commencement means the commencement of this part. 17
post-amended Act means this Act as in force from the 18
commencement. 19
pre-amended Act means this Act as in force immediately 20
before the commencement. 21
`871 Two type 1 vehicle related offences committed before 22
commencement 23
`(1) This section applies if before the commencement, the driver 24
of a motor vehicle-- 25
(a) either-- 26
Page 66
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 78]
(i) has been charged with having committed a type 1 1
vehicle related offence on at least 1 previous 2
occasion and the charge has not been decided; or 3
(ii) has been found guilty of a type 1 vehicle related 4
offence committed on 1 previous occasion; and 5
(b) is charged with having committed a second or 6
subsequent type 1 vehicle related offence and the charge 7
has not been decided. 8
`(2) Chapter 4 of the pre-amended Act continues to apply in 9
relation to the charges as if the Police Powers and 10
Responsibilities (Motor Vehicle Impoundment) and Other 11
Legislation Amendment Act 2012 had not been enacted. 12
`872 One type 1 vehicle related offence committed before 13
commencement and another type 1 vehicle related 14
offence committed after commencement 15
`(1) This section applies if-- 16
(a) before the commencement, and within the relevant 17
period, the driver of a motor vehicle-- 18
(i) has been charged with having committed a type 1 19
vehicle related offence on at least 1 previous 20
occasion and the charge has not been decided; or 21
(ii) has been found guilty of a type 1 vehicle related 22
offence committed on 1 previous occasion; and 23
(b) after the commencement, the driver is charged with 24
having committed a type 1 vehicle related offence. 25
`(2) A police officer may not impound the motor vehicle under 26
section 74A of the post-amended Act on the basis that the 27
driver has been charged with, or found guilty of, having 28
committed a type 1 vehicle related offence mentioned in 29
subsection (1)(a). 30
`(3) In this section-- 31
relevant period, for a person who has been charged with, or 32
found guilty of, having committed a type 1 vehicle related 33
Page 67
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 78]
offence before the commencement, means the period of not 1
more than 3 years before a type 1 vehicle related offence the 2
person is charged with having committed after the 3
commencement. 4
`873 Different kinds of type 2 vehicle related offences 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 type 2 10
vehicle related offences of different kinds on 1 or 11
more previous occasions within the relevant 12
period; and 13
(ii) for each of the charges mentioned in subparagraph 14
(i)-- 15
(A) the charge has not been decided; or 16
(B) the driver has been found guilty; and 17
(b) after the commencement, the driver is charged with 18
having committed a type 2 vehicle related offence of a 19
different kind from a type 2 vehicle related offence 20
mentioned in paragraph (a)(i). 21
`(2) A police officer may not impound a motor vehicle under 22
section 74C, 74D or 74E of the post-amended Act on the basis 23
that the driver has been charged with, or found guilty of, 24
having committed a type 2 offence mentioned in subsection 25
(1)(a)(i). 26
`(3) For this section, a type 2 vehicle related offence is of a 27
different kind to another type 2 vehicle related offence if each 28
offence is described in a different paragraph of the definition 29
of type 2 vehicle related offence in section 69A(2). 30
`(4) In this section-- 31
relevant period, for a person who has been charged with, or 32
found guilty of, having committed a type 2 vehicle related 33
Page 68
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 78]
offence before the commencement, means the period of not 1
more than 3 years before a type 2 vehicle related offence the 2
person is charged with having committed after the 3
commencement. 4
`874 Type 2 vehicle related offences of same kind committed 5
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 or type 2 vehicle related 11
offences of the same kind on 2 or more previous 12
occasions; and 13
(ii) for each of the charges mentioned in subparagraph 14
(i)-- 15
(A) the charge has not been decided; or 16
(B) the driver has been found guilty; and 17
(b) after the commencement, the driver is charged with 18
having committed a type 2 vehicle related offence of the 19
same kind as a type 2 vehicle related offence mentioned 20
in paragraph (a)(i). 21
`(2) To remove any doubt, it is declared that the provisions of the 22
post-amended Act about the impoundment and forfeiture of a 23
motor vehicle apply in relation to the type 2 offences 24
committed before and after the commencement. 25
`(3) For this section, a type 2 vehicle related offence is the same 26
kind as another type 2 vehicle related offence if both offences 27
are within the description of an offence covered by a 28
paragraph of the definition of type 2 vehicle related offence in 29
section 69A(2) of the pre-amended Act. 30
`(4) In this section-- 31
Page 69
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
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Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 79]
relevant period, for a person who has been charged with, or 1
found guilty of, having committed a type 2 vehicle related 2
offence before the commencement, means the period of-- 3
(a) not more than 5 years before a type 2 vehicle related 4
offence of the same kind that the person is charged with 5
having committed after the commencement; but 6
(b) not more than 3 years before the commencement. 7
`875 Existing applications for impounding order applications 8
`(1) This section applies to an application under section 85 or 85A 9
of the pre-amended Act for an impounding order that had not 10
been decided immediately before the commencement. 11
`(2) The application must be decided as if the following provisions 12
of the pre-amended Act were still in force-- 13
(a) chapter 4, part 3, divisions 1 to 3; 14
(b) chapter 4, part 5, divisions 1 to 2A and division 4. 15
`876 Existing applications for forfeiture order applications 16
`(1) This section applies to an application under section 90 or 90A 17
of the pre-amended Act for a forfeiture order that had not been 18
decided immediately before the commencement. 19
`(2) The application must be decided as if the following provisions 20
of the pre-amended Act were still in force-- 21
(a) chapter 4, part 4, divisions 1 to 3; 22
(b) chapter 4, part 5, divisions 1 to 2A and division 4.'. 23
Clause 79 Amendment of sch 6 (Dictionary) 24
(1) Schedule 6, definition found guilty-- 25
omit. 26
(2) Schedule 6-- 27
insert-- 28
Page 70
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
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Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 79]
`commencement, for chapter 23, part 13, see section 870. 1
default certificate see the State Penalties Enforcement Act 2
1999, schedule 2. 3
eligible person, for chapter 4, part 2, division 2, see section 4
79. 5
found guilty, of an offence, means-- 6
(a) for a vehicle related offence for which an infringement 7
notice has been served under section 71-- 8
(i) there is payment of a penalty, in full or by 9
instalments, under the State Penalties Enforcement 10
Act 1999; or 11
(ii) a default certificate for the infringement notice 12
given to the person has been registered by the 13
registrar under the State Penalties Enforcement Act 14
1999; or 15
(b) otherwise--there is a finding of guilt, or the acceptance 16
of a plea of guilty, by a court, whether or not a 17
conviction is recorded. 18
immobilise, for chapter 4, see section 69. 19
immobilising device, for chapter 4, see section 69. 20
immobilising notice, for chapter 4, see section 69. 21
information notice, for chapter 4, part 2, division 2, see 22
section 79. 23
initiating immobilisation, for chapter 4, see section 69. 24
initiating immobilisation offence, for chapter 4, see section 25
69. 26
number plate, for chapter 4, see section 69. 27
number plate confiscation notice, for chapter 4, see section 28
69. 29
number plate confiscation period, for chapter 4, see section 30
69. 31
post-amended Act, for chapter 23, part 13, see section 870. 32
Page 71
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 3 Amendment of Corrective Services Act 2006
[s 80]
pre-amended Act, for chapter 23, part 13, see section 870. 1
vehicle production notice, for chapter 4, see section 69. 2
vehicle release notice, for chapter 4, part 2, division 2, see 3
section 79.'. 4
Clause 80 Other amendments 5
The schedule amends the sections it mentions. 6
Part 3 Amendment of Corrective 7
Services Act 2006 8
Clause 81 Act amended 9
This part amends the Corrective Services Act 2006. 10
Clause 82 Amendment of s 12 (Prisoner security classification) 11
Section 12-- 12
insert-- 13
`(1A) However, when a prisoner is admitted to a corrective services 14
facility for detention on remand for an offence and is not 15
serving a term of imprisonment for another offence, the 16
prisoner must only be classified into a security classification 17
of-- 18
(a) high; or 19
(b) if the chief executive decides--maximum.'. 20
Clause 83 Amendment of s 13 (Reviewing prisoner's security 21
classification) 22
Section 13-- 23
insert-- 24
Page 72
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Part 3 Amendment of Corrective Services Act 2006
[s 84]
`(1A) However, the chief executive need not review the security 1
classification of a prisoner with a high security classification 2
if the prisoner-- 3
(a) is being detained on remand for an offence; and 4
(b) is not serving a term of imprisonment for another 5
offence.'. 6
Clause 84 Insertion of new ch 7A, pt 6 7
After section 490A-- 8
insert-- 9
`Part 6 Transitional provision for 10
Police Powers and 11
Responsibilities (Motor Vehicle 12
Impoundment) and Other 13
Legislation Amendment Act 14
2012 15
`490B Application of amendment Act 16
`(1) Section 13(1A) as inserted by the amendment Act applies to a 17
prisoner with a high security classification-- 18
(a) who is being detained on remand for an offence; and 19
(b) is not serving a term of imprisonment for another 20
offence; and 21
(c) regardless of whether the prisoner was admitted for 22
detention before the commencement. 23
`(2) In this section-- 24
amendment Act means the Police Powers and Responsibilities 25
(Motor Vehicle Impoundment) and Other Legislation 26
Amendment Act 2012. 27
commencement means the commencement of this part.'. 28
Page 73
Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation
Amendment Bill 2012
Schedule
Schedule Consequential amendments of 1
the Police Powers and 2
Responsibilities Act 2000 3
section 80 4
1 Section 42(1)(c)(i), after `impounded'-- 5
insert-- 6
`or immobilised'. 7
2 Section 60(3)(h), after `impound'-- 8
insert-- 9
`or immobilise'. 10
3 Section 150(1)(c), after `impounded'-- 11
insert-- 12
`or immobilised'. 13
4 Section 156(1)(b)(iv), after `impounded'-- 14
insert-- 15
`or immobilised'. 16
5 Section 583(2)(b)(iv), `section 74'-- 17
omit, insert-- 18
`section 80'. 19
6 Section 686(2)(a), after `impounded'-- 20
insert-- 21
`or immobilised'. 22
Page 74
© State of Queensland 2012
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