Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 81

(1) This section applies if a motor vehicle has been impounded because of a type 1 vehicle related offence and a police officer reasonably suspects that, in addition to the initiating impoundment offence, and within the relevant period—

(a) the driver of the motor vehicle has previously been charged with having committed a type 1 vehicle related offence on at least 1 previous occasion within the relevant period 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 at least 1 previous occasion within the relevant period.

(2) The impounding notice must state—

(a) that the motor vehicle is impounded for the initial impoundment period; and

(b) that an application will be made to a court or a magistrate for an order that the motor vehicle be impounded for up to 3 months, if either of the following apply to the driver at the time of the initiating impoundment—

(i) the driver has previously been charged with having committed a type 1 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment;

(ii) the driver has previously been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period; and

(c) that an application will be made to a court or a magistrate for an order that the motor vehicle be forfeited to the State, if any of the following apply to the driver at the time of the initiating impoundment—

(i) the driver has previously been charged with having committed type 1 vehicle related offences on at least 2 previous occasions within the relevant period and the charges have not been decided before the initiating impoundment;

(ii) the driver has previously been found guilty of having committed type 1 vehicle related offences on at least 2 previous occasions within the relevant period;

(iii) the driver has previously been found guilty of having committed a type 1 vehicle related offence on at least 1 previous occasion within the relevant period and has previously been charged with having committed a type 1 vehicle related offence on at least 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment; and

(d) the prescribed impoundment information.