Police Powers and Responsibilities and Another Regulation Amendment Regulation (No. 1) 2013 (Qld)

Queensland Police Powers and Responsibilities and Another Regulation Amendment Regulation (No. 1) 2013 Subordinate Legislation 2013 No. 201 made under the Police Powers and Responsibilities Act 2000 Transport Operations (Road Use Management) Act 1995 Contents Part 1 1 2 Part 2 3 4 5 6 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Police Powers and ResponsibilitiesRegulation 2012 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of pt 4, hdg (Directing traffic and vehicle related offences) ...................................... 3 Insertion of new pt 4A, hdg and new pt 4A, div 1, hdg . . . . . . . . . 3 Replacement of s 20 (Application of Act, ch 4 to type 2 vehicle related offence—Act, s 73A(3)) . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 2 Impounding and immobilising notices 20 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 20A Impounding notices . . . . . . . . . . . . . . . . . . . . . . . . . . 4 20B Impounding notices for particular type 1 vehicle related offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 20C Impounding notices for particular type 2 vehicle related offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 20D Immobilising notices . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Police Powers and Responsibilities and Another Regulation Amendment Regulation (No. 1) 2013 Contents Part 3 7 8 Amendment of Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 30 (Position, visibility and legibility of number plate) ........................................ 9 9 Page 2 2013 SL No. 201

Police Powers and Responsibilities and Another Regulation Amendment Regulation (No. 1)2013 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Police Powers and Responsibilities and Another Regulation Amendment Regulation (No. 1) 2013 . 2 Commencement This regulation commences on 1 November 2013. Part 2 Amendment of Police Powers and Responsibilities Regulation 2012 3 Regulation amended This part amends the PolicePowersandResponsibilitiesRegulation 2012 . 4 Amendment of pt 4, hdg (Directing traffic and vehicle related offences) Part 4, heading, ‘and vehicle related offences’— omit . 5 Insertion of new pt 4A, hdg and new pt 4A, div 1, hdg After section 18— insert— 2013 SL No. 201 Page 3

Police Powers and Responsibilities and Another Regulation Amendment Regulation (No. 1)2013 Part 2 Amendment of Police Powers and Responsibilities Regulation 2012 [s 6] Part 4A Impounding and immobilising motor vehicles Division 1 Prescribed type 2 vehicle related offences 6 Replacement of s 20 (Application of Act, ch 4 to type 2 vehicle related offence—Act, s 73A(3)) Section 20— omit, insert— Division 2 Impounding and immobilising notices 20 Application of div 2 This division prescribes other information for section 78(4)(c) of the Act. Page 4 20A Impounding notices An impounding notice must state the following— (a) that, before the motor vehicle may be recovered, the owner may be required to produce satisfactory evidence of the ownership of the motor vehicle; (b) that, if the driver is an adult, the driver will be required to pay the costs of removing or keeping the motor vehicle; (c) that, if the driver is a child and the child is found guilty of the offence for which the motor vehicle was impounded, the court may order the child or the child’s parent or guardian to pay the costs of removing or keeping the motor vehicle; 2013 SL No. 201

Police Powers and Responsibilities and Another Regulation Amendment Regulation (No. 1)2013 Part 2 Amendment of Police Powers and Responsibilities Regulation 2012 [s 6] (d) that, if the owner of a motor vehicle fails to recover the motor vehicle after the period of impounding ends and the owner was the driver of the motor vehicle when it was impounded, the owner is liable to pay the costs of keeping the motor vehicle for each day after the period of impounding ends, whether or not the driver is found guilty of the offence for which the motor vehicle is impounded; (e) that, if the owner of the motor vehicle fails to recover the motor vehicle after the period of impounding ends and the owner was not the driver of the motor vehicle when it was impounded, the owner is liable to pay the costs of keeping the motor vehicle for each day after the period of impoundment ends that is more than 2 business days after the owner is given the impounding notice; (f) the penalty for unlawfully removing the motor vehicle from the place at which it is held; (g) the definition of found guilty , of an offence, under the Act. 20B Impounding notices for particular type 1 vehicle related offences (1) This section applies if a police officer impounds a motor vehicle under section 74A(1) of the Actbecause of a type 1 vehicle related offence and the officer reasonably suspects that, in addition to the initiating impoundment offence, and within the relevant period— (a) the driver of the motor vehicle has been charged with having committed a type 1 vehicle related offence on 1 previous 2013 SL No. 201 Page 5

Police Powers and Responsibilities and Another Regulation Amendment Regulation (No. 1)2013 Part 2 Amendment of Police Powers and Responsibilities Regulation 2012 [s 6] occasion and the charge has not been decided; or (b) the driver of the motor vehicle has previously been found guilty of a type 1 vehicle related offence committed on 1 previous occasion. (2) An impounding notice must also state that— (a) the motor vehicle can become the property of the State if the driver of the motor vehicle— (i) has been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period; and (ii) is found guilty of a second or subsequent type 1 vehicle related offence mentioned in section 74A(1) of the Act; and (b) the motor vehicle can be taken to be forfeited to the State if— (i) the motor vehicle is impounded until the end of proceedings under section 74A(2) of the Act; and (ii) a court orders that a warrant issue for the arrest of the driver of the motor vehicle to be brought before the court to be dealt with according to law because the driver fails to appear before the court in relation to the charge for the initiating impoundment offence. Page 6 2013 SL No. 201

Police Powers and Responsibilities and Another Regulation Amendment Regulation (No. 1)2013 Part 2 Amendment of Police Powers and Responsibilities Regulation 2012 [s 6] 20C Impounding notices for particular type 2 vehicle related offences (1) This section applies if a police officer impounds a motor vehicle under section 74E(1) of the Actbecause of a type 2 vehicle related offence and the officer reasonably suspects that, in addition to the initiating impoundment offence— (a) within the relevant period, the driver of the motor vehicle has been charged with having committed type 2 vehicle related offences on 3 previous occasions; and (b) for each of the charges mentioned in paragraph (a)— (i) the charge has not been decided; or (ii) the driver has been found guilty. (2) An impounding notice must also state that— (a) the motor vehicle can become the property of the State if the driver of the motor vehicle— (i) has been found guilty of 3 type 2 vehicle related offences committed within the relevant period; and (ii) is found guilty of the fourth or subsequent type 2 vehicle related offence mentioned in section 74E(1) of the Act; and (b) the motor vehicle can be taken to be forfeited to the State if— (i) the motor vehicle is impounded until the end of proceedings under section 74E(2) of the Act; and (ii) a court orders that a warrant issue for the arrest of the driver of the motor vehicle to be brought before the court 2013 SL No. 201 Page 7

Police Powers and Responsibilities and Another Regulation Amendment Regulation (No. 1)2013 Part 2 Amendment of Police Powers and Responsibilities Regulation 2012 [s 6] to be dealt with according to law because the driver fails to appear before the court in relation to the charge for the initiating impoundment offence. Page 8 20D Immobilising notices An immobilising notice must state the following— (a) that, before the motor vehicle may be recovered, the owner may be required to produce satisfactory evidence of the ownership of the motor vehicle; (b) if the motor vehicle is immobilised by the removal and confiscation of the vehicle’s number plates—that before the motor vehicle’s number plates may be returned, the person entitled to possession of the number plates may be required to produce satisfactory evidence of their entitlement; (c) that, if the driver is an adult, the driver will be required to pay the costs of removing or keeping the motor vehicle; (d) that, if the driver is a child and the child is found guilty of the offence for which the motor vehicle was immobilised, the court may order the child or the child’s parent or guardian to pay the costs of removing or keeping the motor vehicle; (e) the penalties for unlawfully operating a motor vehicle— (i) during a number plate confiscation period; or (ii) when an immobilising device is attached to a motor vehicle; (f) the penalties for interfering with— 2013 SL No. 201

Police Powers and Responsibilities and Another Regulation Amendment Regulation (No. 1)2013 Part 3 Amendment of Transport Operations (Road Use Management—Vehicle Registration) [s 7] (i) a number plate confiscation notice attached to a motor vehicle; or (ii) an immobilising device attached to a motor vehicle; (g) the definition of found guilty , of an offence, under the Act. Part 3 Amendment of Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 7 Regulation amended This part amends the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 . 8 Amendment of s 30 (Position, visibility and legibility of number plate) (1) Section 30(6)— renumber as section 30(7). (2) Section 30— insert— (6) If a vehicle’s number plates are removed and confiscated under the PolicePowersandResponsibilitiesAct2000 , section 74H, the vehicle’s registered operator does not contravene subsection (1) or (3) while the number plates are confiscated. 2013 SL No. 201 Page 9

Police Powers and Responsibilities and Another Regulation Amendment Regulation (No. 1) 2013 ENDNOTES 1 Made by the Governor in Council on 17 October 2013. 2 Notified on the Queensland legislation website on 18 October 2013. 3 The administering agency is the Queensland Police Service. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 10 2013 SL No. 201