Queensland Numbered Acts

POLICE POWERS AND RESPONSIBILITIES (MOTOR VEHICLE IMPOUNDMENT) AND OTHER LEGISLATION AMENDMENT ACT 2013 NO. 15

TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
           Part 2--Amendment of Police Powers and Responsibilities Act 2000
   3.      Act amended
   4.      Amendment of ch 4, hdg (Motor vehicle impounding powers for prescribed offences and motorbike noise direction offences)
   5.      Amendment of s 69 (Definitions for ch 4)
   6.      Amendment of s 69A (Meaning of type 1 and type 2 vehicle related offences)
   7.      Omission of s 70A (References to type 2 vehicle related offences including the same kind)
   8.      Amendment of s 71 (When a person is charged for this chapter in relation to a prescribed offence if a proceeding for the offence is started by notice to appear or arrest)
   9.      Insertion of new s 71A
           10. Amendment of s 72 (Punishment under this chapter is in addition to other punishment for the same offence)
   11.     Omission of ch 4, pt 1, div 3 (Application of chapter 4 to type 2 vehicle related offences)
   12.     Replacement of ch 4, pt 2, hdg (Impounding motor vehicles)
   13.     Replacement of ch 4, pt 2, div 1, hdg (Impounding powers and duties after impounding)
   14.     Replacement of s 74 (Impounding motor vehicles)
   15.     Insertion of new ss 74A and 74B
           16. Insertion of new ch 4, pt 2, divs 1A, 1B and 1C
   17.     Insertion of new ch 4, pt 2, div hdg
   18.     Amendment of s 75 (Particular powers for impounding motor vehicles)
   19.     Amendment of s 76 (Duties of police officer after impounding motor vehicle)
   20.     Amendment of s 77 (Police officer may authorise tow)
   21.     Replacement of s 78 (Impounding notice for vehicle related offence)
   22.     Omission of s 79 (Impounding notice for motorbike noise direction offence or motorbike noise order offence)
   23.     Omission of ch 4, pt 2, divs 2 and 2A
   24.     Insertion of new ch 4, pt 2, div 2
   25.     Insertion of new ch 4, pt 2A
   26.     Replacement of ch 4, pt 2A, div 3, hdg (Notice requirements for motorbikes impounded for motorbike noise direction offences)
   27.     Omission of ch 4, pt 2A, div 4, hdg (Notice requirements for motorbikes impounded for motorbike noise order offences)
   28.     Amendment of ch 4, pt 3, hdg (Obtaining impounding orders)
   29.     Omission of ch 4, pt 3, div 1, hdg (Impounding order application provisions)
   30.     Omission of ss 85 and 85A
           31. Omission of ch 4, pt 3, div 2, hdg (Orders if offence not decided)
   32.     Omission of ss 87 and 87A
           33. Omission of ch 4, pt 3, div 3, hdg (Advice of date of hearing)
   34.     Amendment of s 89 (Advice to owner of date of hearing)
   35.     Amendment of ch 4, pt 4, hdg (Obtaining forfeiture orders)
   36.     Omission of ch 4, pt 4, div 1, hdg (Forfeiture order application provisions)
   37.     Omission of ss 90 and 90A
           38. Omission of ch 4, pt 4, div 2, hdg (Orders if offence not decided)
   39.     Omission of ss 92 and 92A
           40. Omission of ch 4, pt 4, div 3, hdg (Advice of date of hearing)
   41.     Amendment of s 94 (Advice to owner of date of hearing)
   42.     Amendment of s 95 (Where application is to be decided)
   43.     Omission of ss 96 and 96A
           44. Omission of ch 4, pt 5, divs 2 and 2A
   45.     Renumbering of ch 4, pt 5, div 3, hdg (Consideration of application if made for motorbike noise order offence)
   46.     Replacement of ch 4, pt 5, div 4, hdg (Other provisions about applications and orders)
   47.     Omission of ch 4, pt 5, div 3, sdiv 1, hdg (Community service orders)
   48.     Amendment of s 102 (Community service instead of impounding or forfeiture order)
   49.     Insertion of new ch 4, pt 5A, hdg
   50.     Replacement of ch 4, pt 5A, sdiv 2, hdg (Costs orders for child drivers)
   51.     Amendment of s 103 (Costs order for child drivers)
   52.     Amendment of s 104 (Application of applied sections for s 103)
           53. Amendment of ch 4, pt 5A, sdiv 3, hdg (Offences)
   54.     Insertion of new ss 105A to 105F
           55. Amendment of s 106 (Offence to modify, sell or dispose of motor vehicle before application decided)
   56.     Insertion of new s 106A
           57. Replacement of s 107 (Defence)
           58. Amendment of s 108 (Counting the occasions—general)
   59.     Amendment of s 108A (References to previous occasions in ss 81, 81B, 84, 85, 85A, 90, 90A and 91)
           60. Amendment of s 108B (Matters for decisions under ss 85, 85A, 87, 87A, 90–93 and 96–99B and 101)
           61. Amendment of s 110 (Powers for enforcing court order)
   62.     Amendment of ch 4, pt 6, div 1, hdg (Liability for cost of impounding)
   63.     Amendment of s 111 (State's liability to pay costs of impounding)
   64.     Amendment of s 112 (Liability to pay costs of impounding—adult driver)
   65.     Replacement of s 113 (Liability to pay costs of impounding—child driver)
   66.     Amendment of ch 4, pt 6, div 2, hdg (Release of impounded vehicle)
   67.     Amendment of s 116 (Release of motor vehicle impounded under s 74)
           68. Amendment of s 117 (Release of motor vehicle if driver found not guilty etc.)
   69.     Amendment of ch 4, pt 6, div 3, hdg (Sale, transfer or disposal of impounded or forfeited motor vehicle)
   70.     Insertion of new s 118A
           71. Amendment of s 119 (Voluntary transfer of ownership of motor vehicle to State)
   72.     Amendment of s 121 (Application of proceeds of sale)
   73.     Insertion of new s 121A
           74. Amendment of s 122 (Protection from liability)
   75.     Amendment of s 123 (Third party protection from forfeiture order)
   76.     Replacement of s 752 (Interaction between ch 4 and this chapter)
   77.     Amendment of s 809 (Regulation-making power)
   78.     Insertion of new ch 24, pt 13
   79.     Amendment of sch 6 (Dictionary)
   80.     Other amendments
           Part 3--Amendment of Corrective Services Act 2006
   81.     Act amended
   82.     Amendment of s 12 (Prisoner security classification)
   83.     Amendment of s 13 (Reviewing prisoner's security classification)
   84.     Insertion of new ch 7A, pt 6
           SCHEDULE -- CONSEQUENTIAL AMENDMENTS OF THE POLICE POWERS AND RESPONSIBILITIES ACT 2000