Queensland Numbered Acts

POLICE POWERS AND RESPONSIBILITIES AND OTHER LEGISLATION AMENDMENT ACT 2006 No. 57 - SECT 15

Chapter 4, part 2--

insert--

'(1) This section applies if a motor vehicle has been impounded because of a type 2 vehicle related offence and section 81B does not apply to the driver of the motor vehicle.

'(2) The impounding notice must state--

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

(b) the prescribed impoundment information.

'(1) This section applies if a motor vehicle has been impounded because of a type 2 vehicle related offence and a police officer reasonably suspects that, in addition to the initiating impoundment offence, and within the relevant period--

(a) the driver of the motor vehicle has previously been charged with having committed type 2 vehicle related offences on at least 2 previous occasions within the relevant period and the charges have not been decided; or

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

(c) the driver of the motor vehicle has previously been found guilty of having committed a type 2 vehicle related offence on at least 1 previous occasion within the relevant period and has previously been charged with having committed a type 2 vehicle related offence on at least 1 previous occasion within the relevant period and the charge has not been decided.

'(2) The impounding notice must state--

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

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

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

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

(iii) the driver has previously been found guilty of having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and has previously been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided; and

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

(i) the driver has previously been charged with having committed type 2 vehicle related offences on at least 3 previous occasions within the relevant period and the charges have not been decided before the initiating impoundment;

(ii) the driver has previously been found guilty of having committed type 2 vehicle related offences on at least 3 previous occasions within the relevant period;

(iii) the driver has previously been found guilty of having committed a type 2 vehicle related offence on at least 1 previous occasion within the relevant period and has previously been charged with having committed a type 2 vehicle related offence on at least 2 previous occasions within the relevant period and the charges have not been decided before the initiating impoundment;

(iv) the driver has previously been found guilty of having committed a type 2 vehicle related offence on at least 2 previous occasions within the relevant period and has previously been charged with having committed a type 2 vehicle related offence on at least 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment; and

(d) the prescribed impoundment information.'.