Queensland Numbered Acts Queensland Numbered ActsAfter section 78—
insert—
'In this division—
eligible person, for a motor vehicle, means an owner or usual driver of the motor vehicle.
information notice, for a decision of the commissioner under this division, means a notice stating—
(a) the decision; and
(b) the reasons for the decision; and
(c) that the person to whom the notice is given may appeal against the decision within 28 days after the person receives the notice; and
(d) how the person may appeal against the decision.
vehicle release notice, for a motor vehicle, means a notice stating—
(a) the decision of the commissioner made under this division; and
(b) the time and date when the impoundment, or immobilisation, of the vehicle ends; and
(c) any conditions to which the release of the motor vehicle is subject.
'(1) An eligible person may apply to the commissioner for the release of a motor vehicle impounded under division 1 or 1A, or immobilised under division 1B, on the basis that the person would suffer severe hardship if the motor vehicle was not released.
'(2) The application must be—
(a) made in the approved form; and
(b) supported by enough information to enable the commissioner to decide the application.
Note—
See section 79B(4) and (5) for particular information the applicant must give to the commissioner.
'(3) An application may be made under this section regardless of whether the motor vehicle may be liable to forfeiture.
'(1) The commissioner must consider an application for the release of a motor vehicle under section 79A after receiving all necessary information relevant to the application and either—
(a) grant the application; or
(b) refuse to grant the application.
'(2) The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.
'(3) The commissioner may grant the application only if the commissioner is satisfied a refusal to grant the application would—
(a) cause severe financial hardship to the applicant or the applicant's family by depriving the applicant of the applicant's means of earning a living; or
(b) cause severe physical hardship to the applicant or the applicant's family.
'(4) For subsection (3)(a), the applicant must give the following to the commissioner—
(a) a statement made by the applicant outlining how a refusal to grant the application would cause severe financial hardship to the applicant or the applicant's family;
(b) if the applicant is not self-employed—a statement made by the applicant's employer confirming the applicant would be deprived of the applicant's means of earning a living if the application is refused.
'(5) For subsection (3)(b), the applicant must give the commissioner a statement made by the applicant that—
(a) outlines how a refusal to grant the application would cause severe physical hardship to the applicant or the applicant's family; and
(b) has attached to it statutory declarations from persons other than the applicant, other documentary evidence, or certified copies of documentary evidence, in support of each matter stated in the statement.
'(6) If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.
'(7) If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.
'(8) The commissioner may grant the application with or without conditions.
Examples of conditions—
1 a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle
2 a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes
'(9) A condition made by the commissioner under this section expires on the earlier of the following—
(a) if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;
(b) when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.
'(10) In this section—
certified copy, of documentary evidence, means certified by a justice of the peace or commissioner for declarations in writing to be a true copy of the documentary evidence.
'(1) The owner of a motor vehicle impounded under division 1 or 1A, or immobilised under division 1B, may apply to the commissioner for the release of the motor vehicle on the basis that the offence happened without the consent of the person.
'(2) The application must be—
(a) made in the approved form; and
(b) supported by enough information to enable the commissioner to decide the application.
'(3) An application may be made under this section regardless of whether the motor vehicle may be liable to forfeiture.
'(1) The commissioner must consider an application for the release of a motor vehicle under section 79C after receiving all necessary information relevant to the application and either—
(a) grant the application; or
(b) refuse to grant the application.
'(2) The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.
'(3) The commissioner may grant the application only if the commissioner is satisfied the relevant prescribed offence happened without the consent of the owner.
'(4) If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.
'(5) If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.
'(6) The commissioner may grant the application with or without conditions.
Examples of conditions—
1 a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle
2 a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes
'(7) A condition made by the commissioner under this section expires on the earlier of the following—
(a) if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;
(b) when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.
'(8) In this section—
relevant prescribed offence means the prescribed offence because of which the impoundment or immobilisation has happened.
'(1) This section applies if a motor vehicle is impounded under division 1 or 1A, or immobilised under division 1B, because of the commission of a relevant type 2 vehicle related offence.
'(2) An eligible person may apply to the commissioner for the release of the motor vehicle on the basis that the circumstances giving rise to the offence have been rectified.
'(3) The application must be—
(a) made in the approved form; and
(b) supported by enough information to enable the commissioner to decide the application.
Examples for paragraph (b)—
a receipt issued by the department within which the Road Use Management Act is administered indicating the payment of vehicle registration fees for an impounded motor vehicle or a copy of a license issued by that department
'(4) In this section—
relevant type 2 vehicle related offence means—
(a) an offence against the Road Use Management Act involving the use on a road of a vehicle that is not registered as required under that Act; or
(b) an offence against the Road Use Management Act, section 78(1).
'(1) The commissioner must consider an application for the release of a motor vehicle under section 79E after receiving all necessary information relevant to the application and either—
(a) grant the application; or
(b) refuse to grant the application.
'(2) The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.
'(3) The commissioner may grant the application if the commissioner is satisfied the circumstances giving rise to the offence have been rectified.
'(4) If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.
'(5) If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.
'(6) The commissioner may grant the application with or without conditions.
Examples of conditions—
1 a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle
2 a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes
'(7) A condition made by the commissioner under this section expires on the earlier of the following—
(a) if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;
(b) when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.
'(1) An eligible person may apply to the commissioner for the release of a motor vehicle impounded under division 1 or 1A, or immobilised under division 1B, on the basis that there were not reasonable grounds to impound or immobilise the motor vehicle.
'(2) The application must be—
(a) made in the approved form; and
(b) supported by enough information to enable the commissioner to decide the application.
'(1) The commissioner must consider an application for the release of a motor vehicle under section 79G after receiving all necessary information relevant to the application and either—
(a) grant the application; or
(b) refuse to grant the application.
'(2) The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.
'(3) The commissioner may grant the application if the commissioner is not satisfied that there were reasonable grounds to impound or immobilise the motor vehicle.
'(4) If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.
'(5) If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.
'(6) The commissioner may grant the application with or without conditions.
Examples of conditions—
1 a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle
2 a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes
'(7) A condition made by the commissioner under this section expires on the earlier of the following—
(a) if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;
(b) when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.
'(1) If the commissioner grants an application for the release of a motor vehicle under this division, the impoundment of the motor vehicle under division 1 or 1A, or the immobilisation of the motor vehicle under division 1B, ends.
'(2) This section applies subject to section 79P.
'(1) A person who is aggrieved by a decision of the commissioner under section 79B, 79D, 79F or 79H may appeal against the decision.
'(2) In this section—
decision includes a condition made by the commissioner under section 79B, 79D, 79F or 79H in relation to granting an application for the release of a motor vehicle.
'(1) The appeal is started by filing a notice of appeal with the clerk of a Magistrates Court.
'(2) The appellant must serve a copy of the notice on—
(a) the other persons entitled to appeal against the decision; and
(b) the commissioner.
'(3) Despite subsection (2), the clerk of the court may ask the commissioner to serve a copy of the notice on a person mentioned in subsection (2)(a) whom the appellant is unable to serve.
'(4) The notice of appeal must be filed within 28 days after the person is given an information notice for the decision.
'(5) The court may at any time extend the period for filing the notice of appeal.
'(6) The notice of appeal must state fully the grounds of the appeal and the facts relied on.
'(1) The start of an appeal against a decision of the commissioner does not affect the operation of the decision or prevent the taking of action to implement the decision.
'(2) However, the court may make an order staying the operation of the decision being appealed against until the appeal is finally decided.
'(3) The court may act under subsection (2) on the application of the appellant or on its own initiative.
'The commissioner has a right to appear and be heard before the court on an appeal under this subdivision.
'(1) An appeal must be decided on the evidence before the commissioner.
'(2) However, the court may order that the appeal be heard afresh, in whole or part.
'In deciding an appeal, the court may—
(a) confirm the decision appealed against; or
(b) set aside the decision and substitute another decision that it considers appropriate.
'(1) This section applies if—
(a) the commissioner grants an application under this division for the release of an impounded or immobilised motor vehicle with a condition; and
(b) the condition is breached.
'(2) A police officer may impound or immobilise the motor vehicle for the remainder of the period for which the vehicle would have been impounded or immobilised.
'(3) For impounding or immobilising a motor vehicle under this section, a police officer may exercise any of the powers under section 75 if the police officer reasonably considers the exercise of the power may be effective for the purpose.
'The commissioner may delegate any of the commissioner's powers under this division including, for example, considering an application for the release of an impounded or immobilised vehicle under subdivision 2 and making a decision about the application, to a police officer of at least the rank of inspector.'.