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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
POLICE POWERS AND
RESPONSIBILITIES AND
ANOTHER ACT AMENDMENT
BILL 2002
Queensland
POLICE POWERS AND
RESPONSIBILITIES AND ANOTHER ACT
AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF POLICE POWERS AND
RESPONSIBILITIES ACT 2000
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of ch 2, pt 6, div 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Renumbering of ch 2, pt 6, divs 2-3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Insertion of new ch 2, pt 6, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Division 2--Vehicle impounding powers for prescribed offences
59A Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
59B Punishment under this division is in addition to other punishment
for the same offence ................................... 5
59C Powers for prescribed offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
59D Police officer may authorise tow . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
59E Notice of impounding to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
59F Content of notice for first offence . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
59G Content of notice for second or subsequent offence . . . . . . . . . . . . . 8
59H Application for impounding or forfeiture order. . . . . . . . . . . . . . . . . 9
59I Orders if relevant offence not decided . . . . . . . . . . . . . . . . . . . . . . . . 9
59J Where application to be decided . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
59K Advice to owner of date of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . 10
59L Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
59M Defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
59N Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
59O Powers for enforcing court order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
59P Who must pay costs of impounding . . . . . . . . . . . . . . . . . . . . . . . . . 13
59Q Return of vehicle impounded for first prescribed offence . . . . . . . . . 13
59R Return of vehicle if driver found not guilty etc. . . . . . . . . . . . . . . . . 14
59S Protection from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
59T Recovery of impounded vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
59U Voluntary transfer of ownership of vehicle to State. . . . . . . . . . . . . . 15
59V Disposal of forfeited vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
59W Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
59X Third party protection from forfeiture order . . . . . . . . . . . . . . . . . . . 16
7 Amendment of s 65A (Application of div 2A) . . . . . . . . . . . . . . . . . . . . . . . 17
8 Amendment of s 358 (Application of pt 3) . . . . . . . . . . . . . . . . . . . . . . . . . . 17
9 Amendment of s 359 (Complaint about noise) . . . . . . . . . . . . . . . . . . . . . . . 18
10 Amendment of s 360 (Powers of police officer on investigation
of complaint) .......................................... 18
11 Amendment of s 420 (Application of pt 3) . . . . . . . . . . . . . . . . . . . . . . . . . . 19
12 Amendment of s 451 (Obtaining warrants, orders and authorities etc.,
by telephone or similar facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
13 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PART 3--AMENDMENT OF TOW TRUCK ACT 1973
14 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
15 Amendment of s 38 (Exemptions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
16 Amendment of s 43 (Regulation making power) . . . . . . . . . . . . . . . . . . . . . 22
2002
A BILL
FOR
An Act to amend the Police Powers and Responsibilities Act 2000, and
for other purposes
s1 4 s5
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Police Powers and Responsibilities and 4
Another Act Amendment Act 2002. 5
2 Commencement
Clause 6
This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF POLICE POWERS AND 8
RESPONSIBILITIES ACT 2000 9
3 Act amended in pt 2
Clause 10
This part amends the Police Powers and Responsibilities Act 2000. 11
4 Amendment of ch 2, pt 6, div 2, hdg
Clause 12
Chapter 2, part 6, division 2, heading-- 13
omit, insert-- 14
`Division 2--Removal powers other than for impounded vehicles'. 15
5 Renumbering of ch 2, pt 6, divs 2-3
Clause 16
Chapter 2, part 6, divisions 2, 2A and 3-- 17
renumber as chapter 2, part 6, divisions 3, 4 and 5. 18
s6 5 s6
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
6 Insertion of new ch 2, pt 6, div 2
Clause 1
Chapter 2, part 6, after section 59-- 2
insert-- 3
`Division 2--Vehicle impounding powers for prescribed offences 4
`59A Application of div 2 5
`(1) This division applies if a police officer reasonably suspects a person 6
is committing, or has committed, a prescribed offence in relation to a 7
vehicle. 8
`(2) However, a reference in any provision of this division to a prescribed 9
offence is a reference only to a prescribed offence committed after the 10
commencement of this division. 11
12
Example--
13
The reference to a prescribed offence in section 59G(1).
`(3) Also, nothing in this division affects the rights of a credit provider to 14
repossess a vehicle under the Consumer Credit Code and sell it. 15
`59B Punishment under this division is in addition to other 16
punishment for the same offence 17
`The impounding or forfeiture of a vehicle or the imposition of 18
community service on a person under this division arising out of the 19
commission of a prescribed offence is in addition to any other penalty that 20
may be imposed on the person for the prescribed offence. 21
`59C Powers for prescribed offence 22
`(1) A police officer may stop the vehicle, if it is moving. 23
`(2) If a proceeding against the person in control of the vehicle for the 24
suspected prescribed offence has been started by notice to appear or arrest a 25
police officer may impound the vehicle. 26
`(3) To impound a vehicle, a police officer may-- 27
s6 6 s6
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
(a) direct the person in control of the vehicle or in possession of the 1
keys necessary to enable the vehicle to be moved to give the keys 2
to a police officer;1 and 3
(b) enter the vehicle to impound it; and 4
(c) do anything else reasonably necessary for impounding the 5
vehicle. 6
7
Example--
8
It may be necessary to arrange for a locking device on the vehicle to be
9
made inoperative by removing or dismantling it.
`(4) Unless section 59H2 applies to the person in control, a vehicle 10
impounded under subsection (2) ("impounded vehicle") is impounded for 11
48 hours. 12
`(5) Also, the police officer must move or arrange for the impounded 13
vehicle to be moved to a holding yard in the way the police officer 14
considers appropriate. 15
16
Examples of ways of moving an impounded vehicle--
17
1. Driving the vehicle.
18
2. Pushing the vehicle.
19
3. Towing the vehicle.
`(6) However, if the impounded vehicle is a vehicle that is being 20
unlawfully used or has been stolen or is a rental vehicle-- 21
(a) the vehicle must be returned to the owner as soon as reasonably 22
practicable; and 23
(b) an application under section 59H about the vehicle must not be 24
made. 25
`59D Police officer may authorise tow 26
`(1) This section applies if a police officer arranges for the impounded 27
vehicle to be towed to a holding yard. 28
1 Failure to comply with the direction is an offence against section 445 (Offence to
contravene direction or requirement of police officer).
2 Section 59H (Application for impounding or forfeiture order)
s6 7 s6
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
`(2) A police officer may sign a towing authority for the impounded 1
vehicle. 2
`(3) The driver of a tow truck towing the impounded vehicle under the 3
towing authority must tow the vehicle to-- 4
(a) if the police officer directs the driver to tow the vehicle to a 5
particular holding yard--the holding yard directed by the police 6
officer; or 7
(b) the holding yard to which the driver ordinarily tows vehicles. 8
`(4) A person must not unlawfully remove an impounded vehicle from a 9
holding yard. 10
Maximum penalty--40 penalty units. 11
`(5) For subsection (4), it does not matter how the vehicle was moved to 12
the holding yard. 13
`(6) In this section-- 14
"towing authority" means-- 15
(a) a towing authority under the Tow Truck Act 1973; or 16
(b) another document authorising a person to tow a vehicle. 17
`59E Notice of impounding to be given 18
`(1) As soon as reasonably practicable after the vehicle is impounded, a 19
police officer must give written notice of the impounding of the vehicle 20
to-- 21
(a) the person in control of the vehicle; and 22
(b) if the person in control is not the only owner of the vehicle--each 23
owner of the vehicle. 24
`(2) The notice must include the information required under section 59F 25
or 59G. 26
`59F Content of notice for first offence 27
`(1) This section applies if section 59G does not apply. 28
`(2) The notice must state-- 29
s6 8 s6
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
(a) how the owner of the impounded vehicle may recover the 1
vehicle; and 2
(b) that the vehicle is impounded for 48 hours; and 3
(c) that, before the vehicle may be recovered, the owner may be 4
required to produce satisfactory evidence of the ownership of the 5
vehicle; and 6
(d) that if the person in control is found guilty of the prescribed 7
offence that person will be required to pay the costs of removing 8
and keeping the vehicle; and 9
(e) the penalty for unlawfully removing the vehicle from the place at 10
which it is held. 11
`59G Content of notice for second or subsequent offence 12
`(1) This section applies only if a police officer reasonably suspects the 13
person in control of an impounded vehicle has been found guilty of a 14
prescibed offence within 3 years before the day the vehicle is impounded. 15
`(2) The notice must state-- 16
(a) that an application will be made to a Court or a magistrate-- 17
(i) if the person in control of the vehicle has previously been 18
found guilty of a prescribed offence on 1 occasion--for an 19
order that the vehicle be impounded for up to 3 months 20
("impounding order"); or 21
(ii) if the person in control of the vehicle has previously been 22
found guilty of a prescribed offence on 2 or more 23
occasions--for an order that the vehicle be forfeited to the 24
State ("forfeiture order"); and 25
(b) that the person in control of the vehicle or owner may apply to 26
the court at any time before the application is heard and decided 27
for the return of the vehicle until the application is heard and 28
decided; and 29
(c) that, for an application under paragraph (b), the owner may be 30
required to produce satisfactory evidence of the ownership of the 31
vehicle; and 32
s6 9 s6
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
(d) that if the person in control is found guilty of the prescribed 1
offence, the person in control will be required to pay the costs of 2
removing and keeping the vehicle; and 3
(e) the penalty for unlawfully removing the vehicle from the place at 4
which it is held. 5
`59H Application for impounding or forfeiture order 6
`(1) This section applies if the driver of an impounded vehicle has 7
previously been found guilty of a prescribed offence within 3 years before 8
the day the vehicle is impounded. 9
`(2) Within 48 hours after the vehicle is impounded, a police officer must 10
apply for-- 11
(a) if the driver has previously been found guilty of a prescribed 12
offence on 1 occasion--an order that the impounded vehicle be 13
held at a holding yard for period of not more than 3 months 14
("impounding order"); or 15
(b) if the driver has previously been found guilty of a prescribed 16
offence on 2 or more occasions--an order that the impounded 17
vehicle be forfeited to the State ("forfeiture order"). 18
`(3) The application must be made to a Magistrates Court or to a 19
magistrate under section 451.3 20
`(4) Subsection (3) applies even though the value of the vehicle may be 21
more than the maximum amount that may be claimed in a personal action 22
in the civil jurisdiction of the court. 23
`59I Orders if relevant offence not decided 24
`(1) This section applies if-- 25
(a) an application is made to a Magistrates Court or a magistrate (the 26
"court") for an impounding order or a forfeiture order 27
("relevant order") about an impounded vehicle; and 28
(b) the proceeding for the offence giving rise to the application has 29
not been decided. 30
3 Section 451 (Obtaining warrants, orders and authorities, etc., by telephone or similar
facility)
s6 10 s6
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
`(2) The court must adjourn the application for the relevant order until 1
the charge of the prescribed offence against the person in control of the 2
impounded vehicle is decided. 3
`(3) When adjourning the application, the court must order that the 4
impounded vehicle be returned to a named person, unless the court is 5
satisfied the vehicle should continue to be impounded to stop the 6
commission of another prescribed offence. 7
`(4) The owner of the vehicle must not sell or otherwise dispose of a 8
vehicle returned under subsection (3) until the application for the relevant 9
order is decided or otherwise ends. 10
Maximum penalty--40 penalty units. 11
`(5) If the court does not order the return of the vehicle to the owner 12
under subsection (3), the period for which the vehicle is impounded must 13
not be more than 3 months. 14
`(6) Subsection (5) does not apply if the application is an application for 15
the forfeiture of the vehicle. 16
`59J Where application to be decided 17
`(1) An application for a forfeiture order or impounding order must be 18
heard and decided by the court that heard the charge of the prescribed 19
offence to which the application relates (the "relevant court") as soon as 20
practicable after the person is found guilty of the prescribed offence. 21
`(2) If the court that hears the charge is not a Magistrates Court, 22
section 59I applies with necessary changes. 23
`59K Advice to owner of date of hearing 24
`As soon as reasonably practicable after a date is set for the hearing of an 25
application for an impounding order or a forfeiture order in relation to an 26
impounded vehicle, a police officer must give the person in control of the 27
vehicle and each owner of the vehicle written notice of the date, time and 28
place of the hearing. 29
`59L Consideration of application 30
`(1) On the hearing of the application, the relevant court may-- 31
s6 11 s6
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
(a) if the person in control of the impounded vehicle has previously 1
been found guilty of a prescribed offence on 2 occasions--order 2
that the vehicle be impounded for a stated period, of not more 3
than 3 months; or 4
(b) if the person in control of the impounded vehicle has previously 5
been found guilty of a prescribed offence on 3 or more 6
occasions--order that the vehicle be forfeited to the State or 7
impounded for the period, of not more than 3 months, fixed by 8
the court. 9
`(2) However, if the relevant court is satisfied impounding or forfeiting 10
the vehicle will cause severe financial or physical hardship to an owner or 11
usual driver of the vehicle, the court may, instead of ordering the 12
impounding or forfeiture of the vehicle-- 13
(a) order that the vehicle be returned to the owner or the usual driver; 14
and 15
(b) if the person in control of the impounded vehicle was an 16
adult--order the person to perform not more than 240 hours 17
community service. 18
`(3) An order made under subsection (2)(b)-- 19
(a) is taken to be an order made under the Penalties and Sentences 20
Act 1992 for the performance of community service under a fine 21
option order under that Act; and 22
(b) is taken to have been made in the proceeding for the prescribed 23
offence giving rise to the application for the impounding order or 24
forfeiture order. 25
`(4) Also, if an owner of the vehicle raises the defence mentioned in 26
section 59M and the relevant court is satisfied the defence has been made 27
out, the court may order that the vehicle be returned to the owner. 28
`(5) On the making of a forfeiture order for a vehicle-- 29
(a) the vehicle becomes the property of the State; and 30
(b) any right of a person to enforce a charge or other security interest 31
registered under the Motor Vehicles Securities Act 1986 against a 32
person other than the State by taking possession of the vehicle is 33
extinguished. 34
s6 12 s6
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
`59M Defence 1
`In a proceeding for an impounding order or a forfeiture order in relation 2
to an impounded vehicle, it is a defence for an owner of the vehicle to 3
prove that the prescribed offence happened without the knowledge and 4
consent of the owner. 5
6
Example--
7
A parent lends a vehicle to his or her child to visit friends and the child commits a
8
prescribed offence in the vehicle. If the Magistrates Court is satisfied, on evidence
9
tendered or submissions made by the parent, that the child committed the offence
10
without the knowledge and consent of the parent, the Magistrates Court may order the
11
vehicle's return to the parent.
`59N Appeal 12
`(1) An order made against a person under section 59L(2)(b) may be 13
appealed against as a sentence imposed on the person. 14
`(2) A person may appeal against any other order of a Magistrates Court 15
or magistrate under this division to the District Court within 28 days after 16
the day the order is made. 17
`(3) Also, a person may appeal against an order of the District Court 18
under this division to the Court of Appeal within 28 days after the day the 19
order is made. 20
`(4) On the appellant's application, the appeal may be by way of 21
rehearing from the start. 22
`59O Powers for enforcing court order 23
`(1) This section applies if-- 24
(a) the court orders the return of a vehicle to its owner under 25
section 59I(3); and 26
(b) the relevant court later makes an impounding order or a forfeiture 27
order for the vehicle. 28
`(2) For giving effect to the impounding order or forfeiture order, the 29
relevant court may, in the order, authorise a police officer, without warrant, 30
to enter any place the police officer reasonably suspects is a place where 31
the vehicle may be found and search for, seize and remove the vehicle. 32
s6 13 s6
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
`59P Who must pay costs of impounding 1
`(1) This section applies in relation to an impounded vehicle. 2
`(2) The person in control of the vehicle when it was impounded under 3
section 59C because of a prescribed offence is liable to pay the costs of 4
removing and keeping the vehicle. 5
`(3) However, if the person is found not guilty of the prescribed offence 6
or the proceeding is withdrawn, the State is liable to pay the costs of 7
removing and keeping the vehicle. 8
`(4) Also, the State is liable to pay the costs of removing and keeping the 9
vehicle for the first 48 hours. 10
`(5) However, if a person who is entitled to recover a vehicle after the 11
first 48 hours of impounding ends fails to recover the vehicle, the person is 12
liable to pay the costs of keeping the vehicle for each day after the first 48 13
hours ends. 14
`(6) If the person is found guilty of the prescribed offence the costs paid 15
by the State under subsection (4) or someone else on the person's behalf 16
become a debt payable to the State or other person by the person. 17
`(7) If the person fails to pay the costs owing to the State, the 18
commissioner may give particulars of the costs to the registrar under the 19
State Penalties Enforcement Act 1999 for registration under that Act as if-- 20
(a) the commissioner were the registrar of a court; and 21
(b) the particulars were particulars of a fine imposed by a court and 22
the amount of the fine were unpaid after the time allowed by the 23
court for payment. 24
`(8) The registrar must register the particulars under the State Penalties 25
Enforcement Act 1999, section 34.4 26
`59Q Return of vehicle impounded for first prescribed offence 27
`(1) This section applies if a notice under section 59F was served on a 28
person. 29
4 State Penalties Enforcement Act 1999, section 33 (Default in paying fine, penalty or
other amount under court order)
s6 14 s6
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
`(2) When the 48 hours for which the vehicle is impounded ends, the 1
owner of the vehicle is entitled to recover the vehicle from the holding yard 2
at which it is kept whether or not the State has paid the costs of removing 3
the vehicle to, and keeping it at, the holding yard. 4
`(3) The person holding the vehicle must return the vehicle to the owner 5
on request. 6
`59R Return of vehicle if driver found not guilty etc. 7
`If a person is found not guilty of the prescribed offence or the 8
proceeding is discontinued, the vehicle must be returned to the owner as 9
soon as reasonably practicable. 10
`59S Protection from liability 11
`(1) A police officer acting in good faith and without negligence is not 12
liable for any damage, loss or depreciation to the vehicle during the 13
impounding of the vehicle. 14
`(2) If subsection (1) prevents liability attaching to a police officer, 15
liability instead attaches to the State. 16
`(3) Also, if a police officer signs a towing authority under section 59D 17
for the vehicle, the State is not liable for any damage, loss or depreciation 18
to the vehicle while it is being moved under the towing authority and while 19
it is impounded in the holding yard of the person authorised under the 20
towing authority to tow the vehicle. 21
`59T Recovery of impounded vehicle 22
`(1) If, within 2 months after a period of impounding of a vehicle ends, 23
the owner of the vehicle does not recover it, the commissioner may sell the 24
vehicle and anything in or on it by public auction or dispose of it in the way 25
the commissioner considers appropriate. 26
`(2) Notice of the proposed sale or disposal must be given by 27
advertisement in a newspaper circulating in the locality where the vehicle 28
was impounded. 29
`(3) Also, the commissioner must give written notice of the proposed 30
sale or disposal of the vehicle to the owner. 31
s6 15 s6
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
`59U Voluntary transfer of ownership of vehicle to State 1
`(1) The owner of an impounded vehicle may agree to transfer ownership 2
of the vehicle to the State. 3
`(2) The agreement must be written and witnessed by a person who may 4
witness a statutory declaration. 5
`(3) If the State agrees in writing to the transfer of the vehicle-- 6
(a) the vehicle becomes the property of the State; and 7
(b) the commissioner may sell or dispose of the vehicle and anything 8
in it or on it in the way the commissioner considers appropriate. 9
`59V Disposal of forfeited vehicle 10
`The commissioner may dispose of a vehicle forfeited to the State under 11
this division in the way the commissioner considers appropriate, including 12
by selling it. 13
`59W Application of proceeds of sale 14
`(1) This section applies if the commissioner decides to sell a vehicle 15
under section 59T or 59V. 16
`(2) The proceeds of the sale of the vehicle are to be paid-- 17
(a) first, in payment of the expenses of the sale; and 18
(b) second, in payment of the cost of impounding and keeping the 19
vehicle and for searching registers for giving notice of the 20
vehicle's impounding; and 21
(c) third, if there is an amount owing to a person under a security 22
interest registered for the vehicle under the Motor Vehicles 23
Securities Act 1986--in payment of the amount owing to the 24
holder of the security interest; and 25
(d) fourth-- 26
(i) if the vehicle is sold under section 59T--to the owner; 27
(ii) if the vehicle is sold under section 59V--to the consolidated 28
fund. 29
`(3) Compensation is not recoverable against the State in relation to a 30
payment made under this section. 31
s6 16 s6
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
`59X Third party protection from forfeiture order 1
`(1) A person, other than the defendant, who did not appear at the 2
hearing of an application for a forfeiture order and has an interest in the 3
vehicle forfeited to the State under the order may apply to the relevant 4
court for an order under subsection (5). 5
`(2) Unless the relevant court gives leave, the application must be made 6
before the end of the period of 6 months starting on the day the forfeiture 7
order was made. 8
`(3) The relevant court may give leave for a later application if it is 9
satisfied that the delay in applying was not because of the applicant's 10
neglect. 11
`(4) Unless the relevant court gives leave, a person who was given notice 12
of the application for the forfeiture order can not apply to the court for an 13
order under subsection (5). 14
`(5) On an application, an order may be made-- 15
(a) declaring the nature, extent and, if necessary for the order, the 16
value (when the declaration is made) of the applicant's interest in 17
the vehicle; and 18
(b) directing the State-- 19
(i) if the vehicle is still vested in the State--to transfer the 20
vehicle to the applicant; or 21
(ii) if the vehicle is no longer vested in the State--to pay to the 22
applicant the value of the applicant's interest in the vehicle 23
after taking into account any amount paid to the holder of a 24
registered security interest under section 59W(2)(c). 25
`(6) The relevant court must, and may only, make the order if it is 26
satisfied-- 27
(a) the applicant has or, apart from the forfeiture, would have a 28
genuine interest in the vehicle; and 29
(b) the relevant prescribed offence happened without the knowledge 30
and consent of the applicant. 31
`(7) For all applications, including applications for leave to apply-- 32
(a) the applicant must give notice of the making of the application 33
to-- 34
s7 17 s8
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
(i) for an application made to a Magistrates Court--the 1
commissioner; or 2
(ii) for an application made to another court--the 3
Attorney-General; and 4
(b) the party given notice is a party to the application. 5
`(8) In this section-- 6
"defendant" means the person found guilty of the prescribed offence 7
because of which the forfeiture order was made. 8
"relevant court" means the relevant court to which the application for the 9
forfeiture order was made. 10
"relevant prescribed offence" means the prescribed offence because of 11
which the forfeiture order was made.'. 12
7 Amendment of s 65A (Application of div 2A)
Clause 13
Section 65A, heading, `div 2A'-- 14
omit, insert-- 15
`div 4'. 16
8 Amendment of s 358 (Application of pt 3)
Clause 17
(1) Section 358(2), after `abatement of'-- 18
insert-- 19
`environmental nuisance caused by'. 20
(2) Section 358(2)-- 21
renumber as section 358(3). 22
(3) Section 358-- 23
insert-- 24
`(2) Also, this part applies to the abatement of environmental nuisance 25
caused by excessive noise that-- 26
(a) is emitted from a vehicle on a road or in a public place; and 27
(b) is emitted by an appliance for electronically producing or 28
amplifying music or other sounds.'. 29
s9 18 s 10
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
(4) Section 358-- 1
insert-- 2
`(4) Also, in relation to environmental nuisance caused by excessive 3
noise emitted from a motor vehicle on a road or in a public place, this part 4
only applies to excessive noise emitted by a radio, CD player or other 5
similar equipment in the vehicle.'. 6
9 Amendment of s 359 (Complaint about noise)
Clause 7
Section 359-- 8
insert-- 9
`(3) However, this section does not stop a police officer taking action 10
under this part without a complaint in relation to excessive noise emitted 11
from a motor vehicle on a road or in a public place.'. 12
10 Amendment of s 360 (Powers of police officer on investigation
Clause 13
of complaint) 14
(1) Section 360, heading, `complaint'-- 15
omit, insert-- 16
`excessive noise'. 17
(2) Section 360(2), after `circumstances'-- 18
insert-- 19
`for subsection (1)'. 20
(3) Section 360(2)-- 21
renumber as section 360(3). 22
(4) Section 360-- 23
insert-- 24
`(2) Also, this section applies if a police officer is reasonably satisfied the 25
noise being emitted from a vehicle on a road or in a public place is 26
excessive in the circumstances.'. 27
(5) Section 360(3)(b), after `of the place,'-- 28
insert-- 29
s 11 19 s 13
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
`or, for a vehicle, the driver of the vehicle,'. 1
(6) Section 360(3) and (4)-- 2
renumber as section 360(5) and (6). 3
(7) Section 360-- 4
insert-- 5
`(4) In deciding for subsection (2) whether noise is excessive in the 6
circumstances, a police officer may have regard to the degree of 7
interference or annoyance the noise is causing, or is likely to cause, to 8
persons in the vicinity of the road or public place. 9
10
Example--
11
The person may be causing interference or annoyance to patrons of a motel by
12
continually driving past the motel with the volume of a radio in the car at an excessive
13
level.'.
11 Amendment of s 420 (Application of pt 3)
Clause 14
Section 420(2)(a), from `seized'-- 15
omit, insert-- 16
`impounded under chapter 2, part 6, division 2 or seized under 17
section 60;5 or'. 18
12 Amendment of s 451 (Obtaining warrants, orders and authorities
Clause 19
etc., by telephone or similar facility 20
Section 451(1), after `production order'-- 21
insert-- 22
`, an order impounding or forfeiting a vehicle under chapter 2, part 6, 23
division 2'. 24
13 Amendment of sch 4 (Dictionary)
Clause 25
(1) Schedule 4, definition "seize"-- 26
5 Chapter 2 (General enforcement powers), part 6 (Powers relating to vehicles, traffic
and animals), division 2 (Vehicle impounding powers for prescribed offences) or
section 60 (Removal of vehicles and animals from roads and other places)
s 13 20 s 13
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
omit. 1
(2) Schedule 4-- 2
insert-- 3
` "burn out", for a vehicle, means wilfully drive the vehicle in a way that 4
causes the tyres or a substance poured onto the road surface, or both, 5
to smoke when the drive wheels lose traction with the road surface. 6
7
Example--
8
Oil may be poured on the road surface and a vehicle driven on the oily surface in
9
a way that causes the tyres to spin and the tyres or oil to smoke.
"holding yard" means-- 10
(a) for a person licensed under the Tow Truck Act 1973 to tow motor 11
vehicles--the place used by the licensee as a holding yard for the 12
storage of-- 13
(i) a motor vehicle towed under the licence; and 14
(ii) any moveable property found in the motor vehicle; or 15
(b) for a person exempted under a regulation under the Tow Truck 16
Act 1973 from holding a licence under that Act--the place used 17
by the person as a holding yard for the storage of-- 18
(i) a motor vehicle towed by the person; and 19
(ii) any moveable property found in the motor vehicle; or 20
(c) otherwise-- 21
(i) a yard at a police establishment; or 22
(ii) a place the commissioner decides is to be a holding yard. 23
"owner", of a vehicle, for chapter 2, part 6, division 2, includes-- 24
(a) a person in whose name the vehicle is registered under a 25
transport Act or a corresponding law of another State; and 26
(b) a holder of a security interest registered for the vehicle under the 27
Motor Vehicles Securities Act 1986. 28
"prescribed offence", for chapter 2, part 6, division 2 means any of the 29
following offences committed in circumstances that involve a speed 30
trial, a race between vehicles, or a burn out-- 31
s 14 21 s 14
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
(a) an offence against the Criminal Code, section 328A6 committed 1
on a road or in a public place; or 2
(b) an offence against the Road Use Management Act, section 83;7 or 3
(c) an offence against the Road Use Management Act, section 85; or 8
4
(d) an offence against the Road Use Management Act involving 5
wilfully starting a vehicle, or driving a vehicle, in a way that 6
makes unnecessary noise or smoke. 7
8
Note--
9
At the enactment of this definition, a relevant offence for paragraph (d) was an
10
offence against the Transport Operations (Road Use Management--Road Rules)
11
Regulation 1999, section 291(1)(b).
"relevant court" see section 59J. 12
"seize" includes retain, but does not include impound. 13
"speed trial" means-- 14
(a) any attempt to establish or break any vehicle speed record of any 15
description on a road; or 16
(b) any trial of any description of the speed of a vehicle on a road; or 17
(c) any competitive trial of any description designed to test the skill 18
of any vehicle or driver or the reliability or mechanical condition 19
of any vehicle on any road.'. 20
PART 3--AMENDMENT OF TOW TRUCK ACT 1973 21
14 Act amended in pt 3
Clause 22
This part amends the Tow Truck Act 1973. 23
6 Criminal Code, section 328A (Dangerous operation of a vehicle)
7 Road Use Management Act, section 83 (Careless driving of motor vehicles)
8 Road Use management Act, section 85 (Racing and speed trials on roads)
s 15 22 s 16
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
15 Amendment of s 38 (Exemptions)
Clause 1
Section 38-- 2
insert-- 3
`(2) However, even though a person is exempt under a regulation from 4
stated provisions of this Act, a regulation made under section 43 for the 5
purposes of the Police Powers and Responsibilities Act 2000, chapter 2, 6
part 6, division 29 applies to the person.'. 7
16 Amendment of s 43 (Regulation making power)
Clause 8
(1) Section 43(2)(r) to (u)-- 9
renumber as section 43(2)(s) to (v). 10
(2) Section 43(2)-- 11
insert-- 12
`(r) the amounts to be charged for towing and keeping vehicles 13
impounded under the Police Powers and Responsibilities Act 14
2000, chapter 2, part 6, division 2;10'. 15
16
© State of Queensland 2002
9 Police Powers and Responsibilities Act 2000, chapter 2 (General enforcement
powers), part 6 (Powers relating to vehicles, traffic and animals), division 2 (Vehicle
impounding powers for prescribed offences)
10 Police Powers and Responsibilities Act 2000, chapter 2 (General enforcement
powers), part 6 (Powers relating to vehicles, traffic and animals), division 2 (Vehicle
impounding powers for prescribed offences)
AMENDMENTS TO BILL
1
Police Powers and Responsibilities and Another Act
Amendment Bill 2002
POLICE POWERS AND
RESPONSIBILITIES AND ANOTHER ACT
AMENDMENT BILL 2002
AMENDMENT AGREED TO IN COMMITTEE
1 Clause 6, proposed section 59N--
At page 12, line 21, `the appeal'--
omit, insert--
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