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POLICE POWERS AND RESPONSIBILITIES (MOTOR VEHICLE IMPOUNDMENT) AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 15 - SECT 6

6 Amendment of s 69A (Meaning of type 1 and type 2 vehicle related offences)

(1) Section 69A(1)—

omit, insert—

'(1) A type 1 vehicle related offence means—

(a) any of the following offences committed in circumstances that involve a speed trial, a race between motor vehicles, or a burn out—
(i) an offence against the Criminal Code, section 328A committed on a road or in a public place;
(ii) an offence against the Road Use Management Act, section 83;
(iii) an offence against the Road Use Management Act, section 85;
(iv) an offence against the Road Use Management Act involving wilfully starting a motor vehicle, or driving a motor vehicle, in a way that makes unnecessary noise or smoke; or
(b) an offence against section 754(2).
Notes—
Under the Acts Interpretation Act 1954, section 7(1) a reference to a law includes a reference to statutory instruments made or in force under the law.
At the enactment of this definition, a relevant offence for paragraph (a)(iv), for example, is an offence against the Transport Operations (Road Use Management—Road Rules) Regulation 2009, section 291(1)(b).'.

(2) Section 69A(2)—

insert—

'(f) an offence against the Road Use Management Act involving a driver of a motor vehicle in circumstances in which the driver exceeds a speed limit, applying to the driver for the length of road where the driver is driving, by more than 40km/h.
Example of relevant offence for paragraph (f)—
an offence against the Transport Operations (Road Use Management—Road Rules) Regulation 2009, section 20.'.

(3) Section 69A—

insert—

'(3A) A reference in subsection (2)(e) to an offence involving a motor vehicle being driven on a road includes an offence involving modifying a vehicle if the modified vehicle is driven on a road.'.

(4) Section 69A(4), after ' section 80'â€

insert—

'of the Road Use Management Act'.



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