Queensland Numbered Acts

POLICE POWERS AND RESPONSIBILITIES (MOTOR VEHICLE IMPOUNDMENT) AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 15 - SECT 25

After section 79Q—

insert—

'(1) A police officer may impound a motorbike if—

(a) the driver of the motorbike is charged with having committed—

(i) a motorbike noise direction offence; or

(ii) a motorbike noise order offence; or

(b) the driver of the motorbike is a child and the police officer reasonably suspects the child has committed—

(i) a motorbike noise direction offence; or

(ii) a motorbike noise order offence.

Note—

For when a person is charged with an offence, see section 71.

'(2) A motorbike impounded under subsection (1) may be impounded for the initial impoundment period.

'(1) This section applies if a motorbike is impounded for a motorbike noise direction offence or a motorbike noise order offence.

'(2) As soon as reasonably practicable, a police officer must give written notice in the approved form (impounding notice) of the impounding to—

(a) the driver of the motorbike; and

(b) if the driver is not the owner or not the only owner of the motorbike—the owner or each other owner of the motorbike.

'(3) If the driver is a child, the impounding notice must also be given to the child's parent or guardian if it is reasonably practicable to do so, unless the parent or guardian is given notice under subsection (2).

'(4) If the motorbike is impounded for a motorbike noise direction offence, the impounding notice must include the information required under section 82.

'(5) If the motorbike is impounded for a motorbike noise order offence, the impounding notice must include the information required under section 83 or 84.

'(6) When giving an impounding notice under this section to a child or the child's parent or guardian, the police officer giving the impounding notice must also give the person an explanation of the matters stated in the notice.

'(7) The police officer may give the explanation by giving the person a statement, in the approved form, containing the explanation if it is appropriate in the circumstances to do so.

'(8) An impounding notice given to a driver under subsection (2)(a) must be given personally to the driver.

'(9) Also, if the name of the owner of the motorbike is not known, an impounding notice required to be given to the owner under subsection (2)(b) may be given by making the information required to be included on the impounding notice, other than the owner's name and address, available on the police service internet website.'.