Queensland Numbered Acts Queensland Numbered ActsChapter 4, part 5--
insert--
'(1) On the hearing of the application for an impounding order for a type 2 vehicle related offence, the relevant court may, if the driver of the motor vehicle has been found guilty of a type 2 vehicle related offence committed on 3 occasions within the prescribed period, order that the motor vehicle be impounded for a stated period of not more than 3 months.
Notes--
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.
Also, section 110 makes provision for enforcing the order.
'(2) Also, if the driver of the motor vehicle was a child when the last offence was committed, the relevant court must consider whether to make a costs order under section 103.
'(3) Despite subsection (1), the relevant court may--
(a) make an order under section 102 for the performance by the driver of the motor vehicle of community service as decided by the court; and
(b) order that the motor vehicle be released to the owner.
'(4) Also, if an owner of the motor vehicle raises the defence mentioned in section 107 and the relevant court is satisfied the defence has been made out, the court may order that the motor vehicle be released to the owner.
'(1) On the hearing of an application for a forfeiture order for a type 2 vehicle related offence, the relevant court may order that the motor vehicle be forfeited to the State or impounded for the period, of not more than 3 months, fixed by the court if the driver of the motor vehicle has been found guilty of a type 2 vehicle related offence committed on 4 occasions within the prescribed period.
Note--
Section 110 makes provision for enforcing the order.
'(2) If--
(a) under subsection (1), the relevant court orders the impounding of the motor vehicle to which the application relates; and
(b) a relevant court has previously made an impounding order under section 99A for a type 2 vehicle related offence committed within the relevant period and forming the basis of the application;
the motor vehicle is impounded under subsection (1) for the type 2 vehicle related offence giving rise to the application for the forfeiture order and not for a type 2 vehicle related offence to which the impounding order under section 99A relates.
'(3) Also, if the driver of the motor vehicle was a child when the last offence was committed, the relevant court must consider whether to make a costs order under section 103.
'(4) Despite subsection (1), the relevant court may--
(a) make an order under section 102 for the performance by the driver of the motor vehicle of community service as decided by the court; and
(b) order that the motor vehicle be released to the owner.
'(5) Also, if an owner of the motor vehicle raises the defence mentioned in section 107 and the relevant court is satisfied the defence has been made out, the court may order that the motor vehicle be released to the owner.
'(6) On the making of a forfeiture order for a motor vehicle--
(a) the vehicle becomes the property of the State; and
(b) any right of a person to enforce a charge or other security interest registered under the Motor Vehicles and Boats Securities Act 1986 against a person other than the State by taking possession of the vehicle is extinguished.'.