Queensland Numbered Acts

POLICE POWERS AND RESPONSIBILITIES AND OTHER LEGISLATION AMENDMENT ACT 2006 No. 57 - SECT 21

After section 90--

insert--

'(1) This section applies in relation to a motor vehicle impounded under section 74 for a type 2 vehicle related offence if, at the time of the initiating impoundment, in addition to the initiating impoundment offence, the driver of the motor vehicle has previously been charged with having committed type 2 vehicle related offences on at least 3 previous occasions within the relevant period and any of the following circumstances apply to the driver--

(a) the charges of the type 2 vehicle related offences have not been decided before the initiating impoundment;

(b) the driver has been found guilty of at least 1 of the type 2 vehicle related offences but the other charge or charges have not been decided before the initiating impoundment;

(c) the driver has previously been found guilty of having committed the type 2 vehicle related offences on at least 3 previous occasions.

Notes--

For type 2 vehicle related offences, the offences do not have to be committed using the same vehicle.

Also, because of section 70A, applications may only be made for type 2 vehicle related offences of the same kind, not a combination of different kinds of type 2 vehicle related offences.

'(2) Within 48 hours after charging the person with the initiating impoundment offence, a police officer must apply in the approved form for an order that the motor vehicle be forfeited to the State (forfeiture order).

'(3) The application must be made in relation to at least 4 type 2 vehicle related offences consisting of--

(a) the type 2 vehicle related offences the circumstances of which apply to the driver under subsection (1)(a), (b) or (c); and

(b) the initiating impoundment offence.

'(4) The application must be made to the relevant court but may be started by application to a magistrate under section 800 and subsection (6) of this section.

'(5) Subsection (4) applies even though the value of the motor vehicle may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.

'(6) If the application is properly made to a magistrate under section 800, the magistrate must--

(a) order that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and

(b) give a copy of the application and the order to the clerk of the court of the relevant court.'.