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POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 69

Definitions for ch 4

69 Definitions for ch 4

In this chapter—

"applied section 258" see section 103 .

"applied section 259" see section 103 .

"burn out" , for a motor vehicle, means wilfully drive the motor vehicle in a way that causes a sustained loss of traction of one or more of the wheels with the road surface.

Examples—
• driving a motor vehicle in a way that causes a sustained loss of traction of one or more of the drive wheels with a road surface so that the tyres or a substance poured onto the road surface smokes
• driving a motor vehicle in a way that causes a sustained loss of traction of one or more of the drive wheels with a wet or gravelled road surface, regardless of whether or not the tyres smoke because of the loss of traction

"excessive noise" means excessive noise mentioned in section 576 (1) and to which chapter 19 , part 3 applies.

"forfeiture order" , for a motorbike noise order offence, see section 91 (2) .

"immobilise" , for a motor vehicle, includes restrict the use of the motor vehicle by way of an immobilising device or the removal and confiscation of the motor vehicle’s number plates.

"immobilising device" , for a motor vehicle, includes a wheel clamp.

"immobilising notice" , for a vehicle related offence, see section 78 (2) .

"impounding notice" —
(a) for a vehicle related offence—see section 78 (2) ; or
(b) for a motorbike noise direction offence or a motorbike noise order offence—see section 81 (2) .

"impounding order" , for a motorbike noise order offence, see section 86 (2) .

"initial impoundment period" , for a motor vehicle, means—
(a) a period of 48 hours starting when the motor vehicle is impounded; or
(b) if the period of 48 hours ends at any time after 5p.m. and before 8a.m. on a day, a period starting when the motor vehicle is impounded and ending at 8a.m. next occurring on a business day after the period of 48 hours ends.

"initiating immobilisation" , of a motor vehicle, means the immobilisation of the motor vehicle for the initiating immobilisation offence.

"initiating immobilisation offence" means the vehicle related offence for which a motor vehicle is immobilised under this chapter.

"initiating impoundment" , of a motor vehicle, means the impoundment of the motor vehicle for the initiating impoundment offence.

"initiating impoundment offence" means—
(a) the vehicle related offence for which a motor vehicle is impounded under this chapter; or
(b) for a motorbike noise order offence—the motorbike noise order offence because of which a police officer applies for an impounding order or a forfeiture order for the motorbike involved in the commission of the offence.

"magistrate" includes a Childrens Court magistrate.

"modify" , a motor vehicle, includes remove the engine or gearbox from the motor vehicle.

"motorbike noise direction offence" means the contravention of a noise abatement direction given in relation to excessive noise emitted by a motorbike being driven on a place other than a road.

"motorbike noise order offence" means the contravention of a noise abatement order given in relation to excessive noise emitted by a motorbike being driven on a place other than a road.

"number plate" means a plate or other device designed to be attached to a motor vehicle to identify the motor vehicle.

"number plate confiscation notice" see section 74H (2) .

"number plate confiscation period" see section 74H (3) .

"offence" , in relation to which an application is made, means the initiating application offence and any other offence relied on for the purposes of any order under this chapter.

"prescribed impoundment information" means—
(a) information about how the owner of a motorbike impounded under this chapter may recover the motorbike; and
(b) a statement that, before the motorbike may be recovered, the owner may be required to produce satisfactory evidence of the ownership of the motorbike; and
(c) a statement that, if the driver is an adult, the driver will be required to pay the costs of removing and keeping the motorbike; and
(d) a statement that, if the driver is a child and the child is found guilty of the offence for which the motorbike was impounded, the court may order the child or the child’s parent or guardian to pay the costs of removing and keeping the motorbike; and
(e) a statement that, if the owner of a motorbike fails to recover the motorbike after the period of impounding ends and the owner was the driver of the motorbike when it was impounded, the owner is liable to pay the costs of keeping the motorbike for each day after the period of impounding ends, whether or not the driver is found guilty of the offence for which the motorbike is impounded; and
(f) a statement that, if the owner of the motorbike fails to recover the motorbike after the period of impounding ends and the owner was not the driver of the motorbike when it was impounded, the owner is liable to pay the costs of keeping the motorbike for each day after the period of impoundment ends that is more than 2 business days after the owner is given the impounding notice; and
(g) the penalty for unlawfully removing the motorbike from the place at which it is held.

"prescribed impoundment period" , for a motor vehicle, means—
(a) a period prescribed under this Act to be the period of impoundment for the motor vehicle starting when the motor vehicle is impounded; or
Example for paragraph (a)—
A motor vehicle is impounded at 3p.m. on 1 August. If the period of impoundment prescribed under this Act is 7 days, the prescribed impoundment period ends at 3p.m. on 8 August.
(b) if the period prescribed ends at any time other than between 8a.m. and 5p.m. on a business day, a period starting when the motor vehicle is impounded and ending at 8a.m. next occurring on a business day after the period prescribed ends.
Examples for paragraph (b)—
1 A motor vehicle is impounded at 3a.m. on Wednesday, 1 August. If the period of impoundment prescribed under this Act is 7 days, the period of 7 days ends at 3a.m. on Wednesday, 8 August. However, the prescribed impoundment period ends at 8a.m. on Wednesday, 8 August.
2 A motor vehicle is impounded at 7p.m. on Sunday, 1 April. If the period of impoundment prescribed under this Act is 90 days, the period of 90 days ends at 7p.m. on Saturday, 30 June. However, the prescribed impoundment period ends at 8a.m. on Monday, 2 July.

"prescribed offence" means—
(a) a motorbike noise order offence; or
(b) a vehicle related offence.

"prescribed period" , in relation to an application for an impounding order or a forfeiture order—
(a) for a vehicle related offence—means the relevant period and any period from the end of the relevant period to and including the day on which the application is heard and decided; or
(b) for a motorbike noise order offence—the period for which the motorbike noise order to which the offence relates is in force and any period from the end of that period to and including the day on which the application is heard and decided.

"relevant court" , in relation to an application for an impounding order or a forfeiture order for a motor vehicle, means—
(a) the Magistrates Court for the Magistrates Court district, or division of the district, in which the motor vehicle was impounded for the prescribed offence to which the application relates; or
(b) if the driver of the motor vehicle is a child—a Childrens Court constituted by a magistrate sitting in the Magistrates Court district, or division of the district, in which the motor vehicle was impounded for the prescribed offence to which the application relates.

"relevant period" , in relation to a motor vehicle impounded or immobilised for a type 1 vehicle related offence or a type 2 vehicle related offence, means the period of not more than 5 years before the initiating impoundment or initiating immobilisation for the motor vehicle.

"type 1 vehicle related offence" see section 69A .

"type 2 vehicle related offence" see section 69A .

"vehicle production notice" see section 74K (2) .

"vehicle related offence" means—
(a) a type 1 vehicle related offence; or
(b) a type 2 vehicle related offence.


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