Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 103

103 Costs order for child drivers

(1) This section applies if—

(a) all of the following apply—

(i) a court finds a person guilty of a prescribed offence;

(ii) the person was a child when the person committed the offence;

(iii) the motor vehicle to which the offence relates is impounded or immobilised; or

(b) a relevant court makes an impounding order or a forfeiture order for a motorbike noise order offence and the driver of the motorbike was a child when the driver committed the last offence in relation to which the order is made.

(2) The court must consider whether the child has the capacity to pay the costs of removing or keeping the motor vehicle and, if the court considers the child has the capacity to pay those costs, may order the child to pay the costs of removing or keeping the motor vehicle.

(3) If, after considering any submissions made by the child or the child’s parent, the court considers the child does not have the capacity to pay the costs of removing or keeping the motor vehicle, the court may call on the child’s parent under applied section 258 to show cause under applied section 259 , as directed by the court, why the parent should not pay the costs of removing or keeping the motor vehicle.

(4) The court may, under applied section 259 (5), order the child’s parent to pay the costs of removing or keeping the motor vehicle.

(5) In this section—

"applied section 258" means the Youth Justice Act 1992 , section 258 , as applied by section 104 .

"applied section 259" means the Youth Justice Act 1992 , section 259 , as applied by section 104 .

"parent" includes a guardian other than the chief executive (child safety).