Queensland Numbered Acts

POLICE POWERS AND RESPONSIBILITIES (MOTOR VEHICLE IMPOUNDMENT) AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 15 - SECT 5

(1) Section 69, definitions burn out, forfeiture order, impounding order and relevant period—

omit.

(2) Section 69—

insert—

'burn out, for a motor vehicle, means wilfully drive the motor vehicle in a way that causes a sustained loss of traction of one or more of the wheels with the road surface.

Examples—

driving a motor vehicle in a way that causes a sustained loss of traction of one or more of the drive wheels with a road surface so that the tyres or a substance poured onto the road surface smokes

driving a motor vehicle in a way that causes a sustained loss of traction of one or more of the drive wheels with a wet or gravelled road surface, regardless of whether or not the tyres smoke because of the loss of traction

forfeiture order, for a motorbike noise order offence, see section 91(2).

immobilise, for a motor vehicle, includes restrict the use of the motor vehicle by way of an immobilising device or the removal and confiscation of the motor vehicle's number plates.

immobilising device, for a motor vehicle, includes a wheel clamp.

immobilising notice, for a vehicle related offence, see section 78(2).

impounding order, for a motorbike noise order offence, see section 86(2).

initiating immobilisation, of a motor vehicle, means the immobilisation of the motor vehicle for the initiating immobilisation offence.

initiating immobilisation offence means the vehicle related offence for which a motor vehicle is immobilised under this chapter.

number plate means a plate or other device designed to be attached to a motor vehicle to identify the motor vehicle.

number plate confiscation notice see section 74H(2).

number plate confiscation period see section 74H(3).

prescribed impoundment period, for a motor vehicle, means—

(a) a period prescribed under this Act to be the period of impoundment for the motor vehicle starting when the motor vehicle is impounded; or

Example for paragraph (a)—

A motor vehicle is impounded at 3p.m. on 1 August. If the period of impoundment prescribed under this Act is 7 days, the prescribed impoundment period ends at 3p.m. on 8 August.

(b) if the period prescribed ends at any time other than between 8a.m. and 5p.m. on a business day, a period starting when the motor vehicle is impounded and ending at 8a.m. next occurring on a business day after the period prescribed ends.

Examples for paragraph (b)—

1 A motor vehicle is impounded at 3a.m. on Wednesday, 1 August. If the period of impoundment prescribed under this Act is 7 days, the period of 7 days ends at 3a.m. on Wednesday, 8 August. However, the prescribed impoundment period ends at 8a.m. on Wednesday, 8 August.

2 A motor vehicle is impounded at 7p.m. on Sunday, 1 April. If the period of impoundment prescribed under this Act is 90 days, the period of 90 days ends at 7p.m. on Saturday, 30 June. However, the prescribed impoundment period ends at 8a.m. on Monday, 2 July.

relevant period, in relation to a motor vehicle impounded or immobilised for a type 1 vehicle related offence or a type 2 vehicle related offence, means the period of not more than 5 years before the initiating impoundment or initiating immobilisation for the motor vehicle.

vehicle production notice see section 74K(2).'.

(3) Section 69, definition impounding notice, paragraph (b), ' section 79(2)'—

omit, insert—

'section 81(2)'.

(4) Section 69, definition prescribed impoundment information, 'motor vehicle'—

omit, insert—

'motorbike'.